Free Protective Order - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

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In the United States Court of Federal Claims
No. 00-697 C (Filed May 31, 2006) ******************************* WISCONSIN ELECTRIC * POWER COMPANY, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * ******************************* ORDER Pursuant to the parties' stipulation and the Motion for Entry of Order Regarding Protection of Proprietary Software Program, the computer software program ("Proprietary Software Program") developed by Holtec International, Inc. ("Holtec") will be given additional protection under Protective Order ¶ 7. In order to protect proprietary and confidential pricing and technical information in the Proprietary Software Program, any expert or consultant that views or uses the Proprietary Software Program must execute an acknowledgement, in the form attached hereto (Attachment 1), affirming that: 1. the expert or consultant will use the Proprietary Software Program solely for consideration in connection with the instant action (Wisconsin Electric Power Company v. United States, 00-697C); the expert or consultant will not disclose the Proprietary Software Program to any third party or make any other use of the Proprietary Software Program, including any commercial use; and

2.

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3.

upon final resolution of the action Wisconsin Electric Power Company v. United States, 00-697C, the Proprietary Software Program must be provided back to plaintiff Wisconsin Electric Power Company for return to Holtec, and the Proprietary Software Program must be removed from the computers and from any other data recording devices used by the Government and its experts or consultants.

The Government will provide copies of each of the executed acknowledgements to counsel for Wisconsin Electric Power Company within ten days of such acknowledgements being executed.

s/ James F. Merow

James F. Merow Senior Judge

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In the United States Court of Federal Claims
******************************* WISCONSIN ELECTRIC * POWER COMPANY, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * *******************************

No. 00-697 C Senior Judge Merow

PROPRIETARY SOFTWARE PROGRAM ACKNOWLEDGEMENT 1. 2. 3. 4. My name is My business address is My present employer is My present occupation or job description is

5.

I have received a copy of the Agreement and Protective Order entered by the Court in connection with the above-captioned matter and the Motion for Entry of Order Regarding Protection of Proprietary Software Program relating to the Holtec International, Inc. ("Holtec") software program ("Proprietary Software Program").

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6.

I have carefully read and understand the provisions of the Order granting the Motion for Entry of Order Regarding Protection of Proprietary Software Program.

7.

I certify that I am eligible to have access to the Confidential Material under paragraph 4 of the Protective Order.

8.

I will comply with all of the provisions of the Order granting the Motion for Entry of Order Regarding Protection of Proprietary Software Program.

9.

I will use the Proprietary Software Program solely for consideration in connection with the action Wisconsin Electric Power Company v. United States, 00-697 C.

10.

I will not disclose the Proprietary Software Program to any third party or make any other use of the Proprietary Software Program, including any commercial use.

11.

Upon final resolution of the action Wisconsin Electric Power Company v. United States, 00-697 C, I will return any originals or copies of the Proprietary Software Program to the Government for return to Plaintiff Wisconsin Electric Power Company for return to Holtec, and I will remove the Proprietary Software Program from the computers and any
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other data recording devices used by the Government and its experts or consultants.

_________________________________ (signature) DATED: _________________________

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