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). --------------

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.

Privileged Information. Each Party shall (and shall cause each ---------------------- member of the parties hereto shall ---------------------- take all reasonable action as is necessary its Group to) use its best efforts to maintain, preserve, protect and assert, assert all applicable privileges or cause to be maintained, preserved, protected and asserted, all privileges, including, without limitation, all privileges arising under or relating to confidentiality protections against disclosure (including the attorney-client relationship (including, but not limited toprivilege, the attorney-client and attorney work product privileges), protection 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 Effective Date ("Privilege" or "Privileges"). Columbia/HCA Each Party 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 best 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 except in accordance with this Section 9.6(a)7.08. --------------PG&E shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of any and all Privileges that relate exclusively to the PG&E Business or to the PG&E Liabilities; ETrans shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges that relate exclusively to the ETrans Business or to the ETrans Liabilities; GTrans shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges that relate exclusively to the GTrans Business or to the GTrans Liabilities; Gen shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver, of all Privileges that relate exclusively to the Gen Business or to the Gen Liabilities; and Newco shall be entitled in perpetuity to require the assertion, or to decide whether to consent to the waiver of, all Privileges that relate exclusively to the Newco Assets or the Newco Liabilities.

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). --------------

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.