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ERMUSR INFORMATION 3 11-15-2011EXHIBIT A INDIVIDUAL CONFIDENTIALITY AGREEMENT N~e,.~~~r 1 ~~11 1. I, ,hereby agree to maintain the confidentiality of all Confidential Information of the Minnesota Municipal Power Agency (MMPA) which may be made available to me. 2. Confidential Information of MMPA is being provided to me as an employee, consultant, attorney, accountant, elected official, or other authorized representative of the City of Elk River and/or the Elk River Municipal Utilities for the purpose of conducting due diligence and analyzing and considering the issue of whether the City of Elk River will seek to become a member of MMPA. I agree not to disclose any Confidential Information, or any information derived from any confidential documents of MMPA, to any person who has not signed this "Individual Confidentiality Agreement." I further agree not use any Confidential Information of MMPA for any purpose other than the purposes stated in this paragraph. 3. The term Confidential Information shall mean any and all information from MMPA or relating to MMPA, including but not limited to financial data, agency documents, agency contracts, reports or studies produced. by MMPA or for MMPA by any third party, information concerning the status of litigation affecting or involving MMPA, and any other information concerning the business affairs or future business plans of MMPA. Confidential Information specifically includes information provided orally as well as written information. Confidential Information also includes any summaries and other such information obtained from Confidential Information as described in this paragraph, whether delivered orally on in writing. 4. I further agree that my obligations to maintain the confidentiality of MMPA's Confidential Information shall continue for a period of three years after the date upon which I receive such information. I hereby agree to the terms and conditions set forth above. DATED: October , 2011 DOCS-#3565323-v 1