Safeway (SWY)

13.19 Confidentiality.

Each Lender shall hold all non-public information obtained pursuant to the requirements of this Agreement in accordance with such Lender’s customary procedures for handling confidential information of this nature and in accordance with safe and sound banking practices, it being understood and agreed by each Borrower that in any event a Lender may make disclosures (a) reasonably required by any bona fide assignee, transferee or participant in

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connection with the contemplated assignment or transfer by such Lender of any Loans or any participation therein, as long as such Lender informs such assignee, transferee or participant of the existence and content of this subsection 13.19 and such Person agrees in writing to be bound hereby, (b) reasonably required by any direct or indirect contractual counterparty or prospective counterparty (or such contractual counterparty’s or prospective counterparty ‘s professional advisor) to any credit derivative transaction relating to obligations of Company or any of its Subsidiaries, as long as (1) such Lender informs such counterparty of the existence and content of this subsection 13.19 and such Person agrees in writing to be bound hereby and (2) Company shall have consented thereto (each such consent not to be unreasonably withheld or delayed) or (c) as required or requested by any governmental agency or representative thereof or pursuant to legal process; provided that, unless specifically prohibited by applicable law or court order, each Lender shall notify Company of any request by any governmental agency or representative thereof (other than any such request in connection with any examination of the financial condition of such Lender by such governmental agency) for disclosure of any such non-public information prior to disclosure of such information; and provided, further that in no event shall any Lender be obligated or required to return any materials furnished by Company or any of its Subsidiaries.