premise: Ameren Illinois disclose to Recipient, customer information protected from public disclosure pursuant to 815 ILCS 505/2HH (“Confidential Information”) for use by the Recipient and its officers, directors, agents, employees and contractors (collectively, the “Representatives”), on a need-to-know basis for the purpose of facilitating electric supply aggregation pursuant to 20 ILCS 3855/1-92. 2. Confidential Information Defined.  The Parties acknowledge that any such information referred to in paragraph above shall be considered Confidential Information.  Under this Agreement, all information disclosed by the Ameren Illinois whether provided in oral, written, visual, electronic or other form is presumed to be Confidential Information unless it falls within one of the exclusions of Section 3.  Confidential Information includes non-public customer specific information.  Confidential Information as used herein also includes information supplied by Ameren Illinois to Recipient prior to the execution of this Agreement, and such Confidential Information shall be considered in the same manner and be subject to the same treatment as the Confidential Information made available after the execution of this Agreement. 3. Exclusions from Definition.  Confidential Information as used herein does not include any information which  (i) is already known to the Recipient at the time it is disclosed to the Recipient, provided that such prior knowledge can be substantiated by written records and documents or  (ii) is or has become generally known to the public through no wrongful act of the Recipient,  (iii) information permitted to be disclosed by express written authority of a customer or customers,  (iv) is obtained by the Recipient from a third party who has the right, to the best of the Recipient’s knowledge, to disclose the information, or  (v) is required or permitted to be disclosed in order to facilitate electric supply aggregation pursuant to Illinois law. 4. Non-Disclosure  Obligation.  The Recipient shall maintain the confidentiality of any Confidential Information and shall not disclose such Confidential Information, in whole or in part, to any person other than its Representatives who need to know such Confidential Information. 