Common use of Privileged Communications Clause in Contracts

Privileged Communications. All communications between the Owner’s legal counsel and the Architect, while the Architect is acting as the agent for the Owner under the terms of this Agreement and which relate in any way to the administration of the construction of the Project or to the work of any Contractor, Subcontractor, materialman, or any other person rendering services in connection with the Project, is subject to the attorney-client privileged that can be waived only by the Owner. Any such communications and copies thereof that are written including without limitation, correspondence, notes, memoranda, notes of meetings and conversations that are reduced to writing and the like, upon notice from the Owner’s legal counsel, shall be placed by the Architect in a separate file folder marked "Privileged and Confidential" and shall not be disclosed to any person other than the Architect’s own legal counsel without the express written permission of the Owner. This provision is intended to protect the confidentiality of the Owner’s communications with its counsel when the Architect comes into possession of such information in its capacity as agent of the Owner in the performance of its duties under this Agreement in the event of a dispute between the Owner and a third-party. This paragraph is not intended to impede communications between the Architect and the Architect’s counsel or between the Architect and any Contractor seeking a decision from the Architect on a claim or dispute related to the Project.

Privileged Communications. All communications between the Owner’s legal counsel and the Architect, while the Architect is acting as the agent consultant for the Owner under the terms of this a Service Agreement and which relate in any way to the administration of the construction of the a Project or to the work of any Contractor, Subcontractor, materialman, or any other person rendering services in connection with the Projecta Service Agreement, is shall be subject to the attorney-client privileged privilege that can be waived only by the Owner. Any such communications and copies thereof that are written written, including without limitation, correspondence, notes, memoranda, notes of meetings meetings, and conversations that are reduced to writing writing, and the like, upon notice from the Owner’s legal counsel, shall be placed by the Architect in a separate file folder marked "“Privileged and Confidential" ” and shall not be disclosed to any person other than the Architect’s own legal counsel without the express written permission of the Owner. This provision is intended to protect the confidentiality of the Owner’s communications with its counsel when the Architect comes into possession of such information in its capacity as agent of the Owner in the performance of its duties under this a Service Agreement in the event of a dispute between the Owner and a third-third party. This paragraph section is not intended to impede communications between the Architect and the Architect’s counsel or between the Architect and any Contractor seeking a decision from the Architect on a claim or dispute related to the Projecta Service Agreement.

Privileged Communications. All communications between the Owner’s legal counsel and the Architect, while the Architect is acting as the agent for the Owner under the terms of this Agreement and which relate in any way to the administration of the construction of the Project or to the work of the Construction Manager any Contractorcontractor, Subcontractor, materialman, or any other person rendering services in connection with the Project, is shall be subject to the attorney-client privileged privilege that can be waived only by the Owner. Any such communications and copies thereof that are written including without limitation, correspondence, notes, memoranda, notes of meetings and conversations that are reduced to writing and the like, upon notice from the Owner’s legal counsel, shall be placed by the Architect in a separate file folder marked "Privileged and Confidential" and shall not be disclosed to any person other than the Architect’s own legal counsel without the express written permission of the Owner. This provision is intended to protect the confidentiality of the Owner’s communications with its counsel when the Architect comes into possession of such information in its capacity as agent of the Owner in the performance of its duties under this Agreement in the event of a dispute between the Owner and a third-third party. This paragraph is not intended to impede communications between the Architect and the Architect’s counsel or between the Architect and any Contractor contractor seeking a decision from the Architect on a claim or dispute related to the Project.