Joint Defense Agreements Clause Samples

Joint Defense Agreements. In furtherance of the Parties’ agreements under Sections 8.7 and 8.8, Atlas and AHD shall, and shall cause applicable members of their respective Group to, maintain their respective separate and joint privileges and immunities (including any applicable attorney-client privilege or work product immunity), including by executing joint defense and common interest agreements where necessary or useful for this purpose.

Joint Defense Agreements. Except as otherwise provided in this Agreement, for any Third Party Claim in which both TFS (or its Subsidiaries) and Brillian (or its Subsidiaries) share an actual or potential material interest, TFS and Brillian or their respective Subsidiaries shall enter into a Joint Defense Agreement. Unless an Indemnifying Party is the sole indemnifying party or the parties otherwise specifically agree in writing in a Joint Defense Agreement, each party shall pay its proportionate share of all costs and expenses reasonably incurred in connection with the defense of such Third Party Claim.

Joint Defense Agreements. If any third party asserts a claim or commences litigation against both Landlord and Tenant regarding any environmental matter arising out of or in connection with this Lease, and if Landlord and Tenant desire to be represented by separate counsel, the parties shall attempt to negotiate in good faith a joint defense agreement.

Joint Defense Agreements. The Seller and the Purchaser recognize and acknowledge that they may work together and may share information related to Third Party Claims and that such cooperation, including information shared between the Parties hereto, shall not constitute a waiver of any attorney-client privilege, work product doctrine or any other applicable privilege. This provision should be interpreted to create a joint defense agreement between the Parties hereto, which may be further formalized with an addendum to that effect between them at a later date.

Joint Defense Agreements. A. Benefits and risks of Joint Defense Agreements 1. What are the Benefits of Joint Defense Agreements? Many benefits arise from the creation of a joint defense group, especially since all communications are privileged, with the biggest advantage being cost reduction. a. By choosing to cooperate amongst themselves, defendants can share all expenses associated with litigation, including expert witness fees. Cost reduction for defendants also come in the form of shared research, information, discovery requests, and motion drafting, especially in cases involving a large number of defendants. This sharing prevents each attorney from obtaining the identical information or performing identical work and then individually billing his/her client. For instance, summaries of documents, medical records, discovery, etc., can be performed by one law office and share with all of the other defendants. b. Defense attorneys can also exchange litigation strategy pursuant to a joint defense agreement. This exchange benefits the clients because by joining forces, attorneys generate more options, create a more effective presentation to the jury, and build a common plan of defense. Additionally, defense attorneys can work together to iron out any possible inconsistencies that may exist among the various defendants. 2. What are the Risks Inherent in Joint Defense Agreements? All of the above mentioned benefits to joint defense agreements must be weighed against the potential risks involved. a. Every defense group naturally consists of major defendants and minor defendants. Some of the major defendants may believe that because they have more to lose, they are stuck paying a disproportionate amount of money and are assigned a disproportionate amount of work. b. Since some agreements require consent by all parties before any one member can act, circumstances may require an individual defendant to sacrifice a particular strategy for the benefit of the group. c. Some defendants will settle, including those major defendants with multiple responsibilities to the group.