Common use of Privileged Information Clause in Contracts

Privileged Information. Each of the parties hereto shall ---------------------- take all reasonable action as is necessary to maintain, preserve, protect and assert, or cause to be maintained, preserved, protected and asserted, all privileges, including, without limitation, all privileges arising under or relating to the attorney-client relationship (including, but not limited to, the attorney-client and attorney work product privileges), that relate directly or indirectly to the business of any other Group for any period prior to the Distribution Date ("Privilege" or "Privileges"). Columbia/HCA shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of any and all Privileges which relate primarily to the Columbia/HCA Liabilities; LifePoint shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the LifePoint Liabilities; and Triad shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the Triad Liabilities. Each of the parties hereto shall use the same degree of care as it would use with respect to its own Privileges, so as not to waive, or permit to be waived, any such Privilege that could be asserted under applicable Law without the prior written consent of the other party or parties having the right to assert or waive such Privilege pursuant to this Section 9.6(a). --------------

Appears in 2 contracts

Sources: Distribution Agreement (Lifepoint Hospitals LLC), Distribution Agreement (Triad Hospitals LLC)

Privileged Information. Each party shall (and shall cause the members ---------------------- of the parties hereto shall ---------------------- take all its Group to) use its reasonable action as is necessary efforts to maintain, preserve, protect and assert, or cause to be maintained, preserved, protected and asserted, all privileges, including, without limitation, assert all privileges arising under or relating to against disclosure (including the attorney-client relationship (including, but not limited toprivilege, the attorney-client and attorney work product privileges), privilege and the self-evaluation privilege) that relate directly apply to any Books and Records or indirectly to the business other information of any member of any other Group for relating to any period prior to before the Distribution Date ("Privilege" or "Privileges"). Columbia/HCA shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of any and all Privileges which relate primarily to the Columbia/HCA Liabilities; LifePoint shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the LifePoint Liabilities; and Triad shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the Triad Liabilities. Each of the parties hereto party shall use the same degree of care as it would use with respect to its own Privileges, so as reasonable efforts not to waive, waive (or permit any member of its Group to be waived, waive) any such Privilege that could be asserted under applicable Law without the prior written consent of the other party or parties having the right to assert or waive such Privilege pursuant to this Section 9.6(a)Section. --------------HCS shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of any and all Privileges which relate primarily to the Health Care Systems Business or to Health Care Systems Liabilities; SEB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Semiconductor Equipment Business or to Semiconductor Equipment Liabilities; and IB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Instruments Business or to Instruments Liabilities.

Appears in 2 contracts

Sources: Distribution Agreement (Varian Inc), Distribution Agreement (Varian Associates Inc /De/)

Privileged Information. Each party shall (and shall cause the ---------------------- members of the parties hereto shall ---------------------- take all its Group to) use its reasonable action as is necessary efforts to maintain, preserve, protect and assert, or cause to be maintained, preserved, protected and asserted, all privileges, including, without limitation, assert all privileges arising under or relating to against disclosure (including the attorney-attorney- client relationship (including, but not limited toprivilege, the attorney-client and attorney work product privileges), privilege and the self-evaluation privilege) that relate directly apply to any Books and Records or indirectly to the business other information of any member of any other Group for relating to any period prior to before the Distribution Date ("Privilege" or "Privileges"). Columbia/HCA shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of any and all Privileges which relate primarily to the Columbia/HCA Liabilities; LifePoint shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the LifePoint Liabilities; and Triad shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the Triad Liabilities. Each of the parties hereto party shall use the same degree of care as it would use with respect to its own Privileges, so as reasonable efforts not to waive, waive (or permit any member of its Group to be waived, waive) any such Privilege that could be asserted under applicable Law without the prior written consent of the other party or parties having the right to assert or waive such Privilege pursuant to this Section 9.6(a)Section. --------------HCS shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of any and all Privileges which relate primarily to the Health Care Systems Business or to Health Care Systems Liabilities; SEB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Semiconductor Equipment Business or to Semiconductor Equipment Liabilities; and IB shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges which relate primarily to the Instruments Business or to Instruments Liabilities.

Appears in 1 contract

Sources: Distribution Agreement (Varian Inc)

Privileged Information. Each of the parties hereto shall ---------------------- take all reasonable action as is necessary to maintain, preserve, protect and assert, or cause to be maintained, preserved, protected and asserted, all privileges, including, without limitation, all privileges arising under or relating to the attorney-client relationship (including, but not limited to, the attorney-client and attorney work product privileges), that relate directly or indirectly to the business of any other Group for any period prior to the Distribution Date ("Privilege" or "Privileges"). Columbia/HCA shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of any and all Privileges which relate primarily to the Columbia/HCA LiabilitiesLiabilities or the Indemnified Matters; LifePoint shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the LifePoint Liabilities; and Triad shall be entitled in perpetuity to require the assertion or to decide whether to consent to the waiver of all Privileges which relate primarily to the Triad Liabilities. Each of the parties hereto shall use the same degree of care as it would use with respect to its own Privileges, so as not to waive, or permit to be waived, any such Privilege that could be asserted under applicable Law without the prior written consent of the other party or parties having the right to assert or waive such Privilege pursuant to this Section 9.6(a). --------------

Appears in 1 contract

Sources: Distribution Agreement (Lifepoint Hospitals Inc)