Common use of Shared Privilege Clause in Contracts

Shared Privilege. The parties recognize that legal and other professional services related to the Litigation have been and will be rendered for the benefit of each of the parties hereto and their respective affiliates and that each party hereto and its respective affiliates should be deemed to be the client for the purposes of asserting all privileges in connection with the Litigation which may be asserted under applicable law. The parties agree that they shall have a shared privilege with respect to the Litigation, with equal right to assert or waive the privilege. No party may waive any such privilege without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. If a dispute arises between or among the parties or regarding whether a privilege should be waived to protect or advance the interest of any party, each party agrees that it shall negotiate in good faith and shall endeavor to minimize any prejudice to the rights of the other parties. Upon receipt by any party of any subpoena, discovery or other request which arguably calls for the production or disclosure of information subject to a shared privilege, such party shall promptly notify the other parties of the existence of the request and shall provide the other parties a reasonable opportunity to review the information and to assert any rights it or they may have under this Section 6 or otherwise to prevent the production or disclosure of such privileged information.

Shared Privilege. The parties recognize All Privileges relating to any claims, ---------------- proceedings, litigation, disputes, or other matters that legal and other professional services related to the Litigation have been and will be rendered for the benefit of each involve two or more of the parties hereto and their respective affiliates and that each party hereto and its respective affiliates should Parties in respect of which two or more of such Parties retain any responsibility or liability under this Master Separation Agreement or any Ancillary Agreement shall be deemed subject to be the client for the purposes of asserting all privileges in connection with the Litigation which a shared Privilege (a "Shared ------ Privilege") between or among them. --------- (i) No Party may waive any Privilege that could be asserted under any applicable law. The parties agree that they shall have Law and in which any other Party has a shared privilege with respect to the LitigationShared Privilege, with equal right to assert or waive the privilege. No party may waive any such privilege without the prior written consent of the other party, which consent shall not be unreasonably withheld Party or delayed. Parties. (ii) If a dispute arises between or among any of the parties Parties or members of their Groups regarding whether a privilege Shared Privilege should be waived to protect or advance the interest of any partyParty, each party agrees that it Party shall negotiate in good faith and faith, shall endeavor to minimize any prejudice to the rights of the other parties. Upon receipt by any party Parties and the members of any subpoenatheir Groups, discovery or other request which arguably calls for the production or disclosure of information subject to a shared privilege, such party shall promptly notify the other parties of the existence of the request and shall provide the other parties a reasonable opportunity not unreasonably withhold consent to review the information and any request for waiver by another Party. Each Party specifically agrees that it will not withhold consent to assert waiver for any rights it or they may have under this Section 6 or otherwise purpose except to prevent the production or disclosure of such privileged informationprotect its own legitimate interests.