Access to this site and the information contained herein or disclosed in respect thereto is limited solely to (i) existing beneficial owners or lenders of outstanding debt of Calpine Corporation and/or its subsidiaries (collectively, the “Company Parties”) , (ii) individuals or entities with a present intention to lend, acquire or otherwise invest in debt of the Company Parties and (iii) securities analysts and market markers with respect to outstanding securities of the Company Parties (collectively, “Permitted Parties”). 

Any information contained on this site or disclosed in respect thereto is confidential and by accessing this site you agree and acknowledge that you will not disclose or publish any such information except as expressly authorized by an officer of the Company Parties in writing. You also agree to undertake reasonable precautions to safeguard and protect the confidentiality of such information and that none of the Company Parties, nor any of their respective directors, officers, employees, agents, partners, or advisors make any representation or warranty, express or implied, as to the accuracy or completeness of such information. Notwithstanding the foregoing, you may disclose such information in the course of routine audit or regulatory examinations or in connection with a blanket document request from a regulatory or governmental entity having jurisdiction over you, which does not reference Calpine Corporation and/or its subsidiaries without notice to, or approval from, us. 

You further agree that (i) in the event of any breach or threatened breach of these Terms and Conditions, the Company Parties may be irreparably harmed and unable to be made whole by monetary damages, and accordingly the Company Parties shall be entitled to equitable relief, including injunction, to prevent or remedy any such breach, without prejudice to any other rights or remedies the Company Parties may have at law or in equity; (ii) no failure or delay by the Company Parties in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder; and (iii) these Terms and Conditions are necessary and reasonable to protect the Company Parties in the conduct of their business, and accordingly, if any restriction contained herein shall be deemed to be invalid, illegal or unenforceable in any respect, then the court making such determination shall have the right to reduce or modify such restriction, which shall then be enforceable in the manner contemplated hereby.