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1 6 Any written Privileged Materials that are shared of exchanged may be marked <br /> "Confidential, Privileged Materials ' Failure to mark Privileged Materials shall <br /> not be deemed a waiver of any applicable privilege <br /> 1 7 This Agreement shall not be construed to require any of the Parties to disclose to <br /> any third party any documents or mformation Subject to the provisions of <br /> Section 1 10 to this Agreement, any Privileged Materials that are shared or <br /> exchanged among any or all of the Parties will not be disclosed to any third party <br /> without the written consent of the Party whose information is to be disclosed, <br /> except that disclosure of Privileged Materials to a Qualified Person, as defined <br /> below, shall not need prior written consent and shall not breach the confidentiality <br /> afford to Privileged Materials under this Agreement "Qualified Person" is <br /> defined as <br /> a Attorneys of record for of general counsel engaged by any Party, <br /> b Any officer or employee of a Party, who would normally be deemed a <br /> client for purposes of the attorney-client privilege and/or those employees <br /> consulted on a need-to-know basis, <br /> c Legal assistants, secretaries, other support personnel, and word processing <br /> personnel working under the direct supervision of any attorney who is a <br /> Qualified Person, <br /> d Outside legal support consultants retained to assist in the Disputes by any <br /> attorney who is a Qualified Person, <br /> e Consultants and experts retained for purposes of the Disputes by any <br /> attorney who is a Qualified Person, provided that any such consultant or <br /> expert shall sign a statement certifying that such consultant or expert has <br /> read this Agreement and agrees to be bound by all of its terms and <br /> conditions, and provided further that such statement be retained by said <br /> attorney, and provided fiirther that any consultant or expert shall not <br /> disclose Privileged Materials without the written consent of the Party <br /> whose information is to be disclosed, <br /> f Entities that are constituent partners in RSH, including, without <br /> limitations, any managing general partner and co-general partner in RSH <br /> and the officers employees, directors, legal counsel, and other consultants <br /> of such entitles,and <br /> g Any person otherwise agreed upon in writing by all of the Parties, and <br /> disclosure to whom is foi the purposes of facilitating the defense of the <br /> Disputes, including the Action as set forth above, provided that any such <br /> person shall sign a statement certifying that he/she has read this <br /> Agreement and agrees to be bound by all of its terms and conditions, and <br /> provided further that such statement be retained by the attorney of record <br /> I\cMdJmlAgreementARediands Supportive Housing Community of l,nends.lotnt Defense Agreement 11 13 17 New 4 of 9 <br /> D]M dor. <br />