Common use of Privileged Documents Clause in Contracts

Privileged Documents. SLU has retained certain documents related to the ‘710 Patent and the Action that it has determined is covered by a privilege (the “Privileged Documents”). SLU agrees that, to the best of its ability, it will maintain and enforce the Privileged Documents as privileged, consistently with respect to all third parties, in the same manner and to the same extent that SLU has heretofore asserted a privilege at all times after execution of this Agreement. If any Privileged Document is challenged by any third party, SLU will give immediate notice of such challenge to Orchid. In the event SLU chooses to terminate or waive any privilege related to any Privileged Document, or is compelled to do so by a court of law, SLU will immediately send to Orchid copies of the Privileged Document for which the privilege has been waived or terminated.