Defense Materials definition

Defense Materials shall have the meaning set forth in Section 4.1(c) hereto.

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Defense Materials means, with respect to any Group, any and all written or oral information (including, without limitation, any and all (A) written or electronic communications, (B) documents (including electronic versions thereof), (C) factual and legal analyses and memoranda, (D) interview reports and reports of experts, consultants or investigators, (E) meetings in person or by telephone and e-mail or other forms of electronic communication, and (F) records, reports or testimony regarding those communications, documents, memoranda or meetings) (i) within the custody or control, within the meaning of Rule 34 of the Federal Rules of Civil Procedure, of or reasonably accessible by that Group or its Representatives and (ii) directly or indirectly arising out of or relating to, the preparation or litigation of any Action in which Delta Woodside, Duck Head and/or Delta Apparel have a common interest.

Defense Materials shall have the meaning set forth in Section 7.3(m)(v).

Examples of Defense Materials in a sentence

All persons permitted access to Defense Materials shall be specifically advised that the Defense Materials are privileged and subject to the terms of this Agreement.
All Defense Materials shall be used solely in connection with the Matter and shall not be used for any other business or commercial purpose whatsoever.
Counsel shall not disclose Defense Materials or the contents thereof to anyone except their respective clients, expert witnesses and consultants, counsel for other parties to the Agreement, or attorneys, paralegals and staff within their firms, without first obtaining the consent of Counsel of Record and Party Counsel whose clients (or who themselves) may be entitled to claim any privilege with respect to such materials.
Neither party hereto shall be liable for any loss or damages arising out of a failure to perform hereunder to the extent such loss or failure is caused by riots; war or hostilities between any nation; acts of God; fire, storm; flood; earthquake; strikes, labor disputes; shortage or delay of carriers; power or other utility services; or any governmental restrictions, including the Defense Materials System Priority Regulations.
The Parties and their counsel expressly and unconditionally waive any right to seek the disqualification of such counsel based upon a disclosure or exchange of any Joint Defense Materials or any other actions taken pursuant to this Joint Defense Agreement.
Counsel receiving such specially designated Joint Defense Materials may make duplicate copies of such materials for internal office use only, unless otherwise designated or agreed in writing.
It is further agreed that the confidentiality prescribed above shall remain operative as to all previously furnished Joint Defense Materials if adversity should subsequently arise between or among any of the Parties to this Agreement, irrespective of any claim that the joint defense and/or interest may become prospectively inoperative by virtue of the claimed adversity.
If another person or entity requests or demands, by subpoena or otherwise, Joint Defense Materials obtained from another Party, the Party to whom the request is made will immediately notify the other Parties to this Agreement.
The person or entity seeking the Joint Defense Materials will be informed that such materials are privileged and will not be produced or disclosed without the consent of the Party furnishing them unless ordered by a court.
It is further understood that these Joint Defense Materials shall be used solely by the Parties and their attorneys, employees, experts or agents (1) in the preparation of claims and defenses to be raised in connection with proceedings arising from or relating to the above-described matter, or (2) for attorneys to advise their respective party clients.

More Definitions of Defense Materials

Defense Materials means, with respect to any Group, any and all written or oral information (including, without limitation, any and all (A) written communications, (B) documents, (C) factual and legal analyses and memoranda, (D) interview reports and reports of experts, consultants or investigators, (E) meetings in person or by telephone and e-mail or other forms of electronic communication, and (F) records, reports or testimony regarding those communications, documents, memoranda or meetings) (i) within the custody or control, within the meaning of Rule 34 of the Federal Rules of Civil Procedure, or reasonably accessible by that Group or its Representatives (as defined below) and (ii) directly or indirectly arising out of or relating to, the preparation or litigation of any Tobacco Claim or other Action in which Holdings, RJRN and/or RJRT have a common interest.