Contracts & Agreements_249-2017 - Laserfiche WebLink

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Section 1 Confidential Sharing of Information I I The Parties may share with each other and each other's respective Counsel information in their possession relating to the subject matter of the Disputes, some of which may be confidential and subject to either the attorney-client privilege, the attorney work-product doctrine, and/or any other privilege, immunity, or protection under California law The term "Counsel" shall mean the Parties' respective in-house and outside counsel that represent any Party's interest related to the Project of any Dispute, whether or not a particular counsel is directly involved in prosecuting and defending the various claims in the Disputes Counsel for ACDF and RSH includes, without limitation, Holland & Knight LLP, Paul Hastings LLP and Public Counsel Counsel fot City includes, without limitation, City's appointed City Attorney, and Best, Best & Krieger LLP The Parties agree that all shared information received from the other Parties or the other Parties' Counsel shall be held in strict confidence by the receiving Party and by any counsel or consultants of such Party to which such confidential information is revealed by the receiving Party and, subject to the reservations set forth in Section 1 9 of this Agreement, such information shall only be used in connection wtth asserting any common claims or defenses in connection with the Disputes and conducting such other activities as are necessary and proper to carry out the purposes of the Parties' defense of the Action € 2 The sharing of such confidential information by the Parties that is subject to the attorney-client privilege, the attorney work-product doctrine, and/or any other privilege or immunity is not intended by the Parties to be, nor shall it be, construed as a waiver of any attorney-client privilege, attorney work-product doctrine, and/or any other privilege, immunity, or protection 1 3 The information and other materials that have been or will be exchanged pursuant to the understandings memorialized in this Agreement may include factual or legal inforination, theories, mental impressions, memoranda, percipient or expert witness statements, interviews or investigations, interview reports, draft briefs, correspondence, other Iegal position papers, and other documents, information, and materials, including, but not limited to,the confidences of the Parties relevant to the Parties' common interests, in oral, written or any other form (collectively, "Privileged Materials"), and they are exchanged on the understanding and agreement that a Privileged Materials shared among the Parties or their Counsel may contain confidential and privileged communications subject to the attorney-client privi lege, b Privileged Materials shared among the Parties or their Counsel may contain privileged or protected work product, including attorney work- product, I IcaldjmlAoreements\Redlands Supporiive Housino.Commumty of Criends.7oint Defense Agreement 11 13 17 New 2 of 9 DJM dor.