Debtors’ Privileged Records Sample Clauses

Debtors’ Privileged Records. The Debtors and/or the Debtors’ Successor shall not be obligated to waive the attorney-client privilege or any other applicable privilege or doctrine, including the attorney work-product doctrine for any June 4 or Later Designated Records that are protected by the attorney-client privilege or any other applicable privilege or doctrine, including the attorney work-product doctrine. However, the Debtors and/or the Debtors’ Successor shall consider, in good faith, waiving any such privilege or protection and disclosing such otherwise privileged June 4 or Later Designated Records to KPN upon request. KPN shall be responsible for the payment of any fees or costs associated with any privilege review related to any request for Open Dispute Records or June 4 or Later Designated Records provided that KPN is given advance notice of the amount of any such fees and costs and that KPN has first given KPN’s approval to proceed with such a privilege review prior to any such privilege review (KPN retains the right to abandon or modify any request that may require a privilege review in order to minimize or avoid the fees and costs associated with such a privilege review). Furthermore, the parties agree that the disclosure of any privileged documents or records that are June 3 and Earlier Designated Records to KPN, who, commensurate with his prior positions as an officer and director of the Debtors, has been privy to all of the June 3 and Earlier Records, shall not act as a waiver of the attorney-client privilege or any other applicable privilege or doctrine, including the attorney-work product doctrine.
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