Common use of Preservation of Legal Privileges Clause in Contracts

Preservation of Legal Privileges. CenterPoint and Genco recognize that the members of their respective Businesses possess and will possess information and advice that has been previously developed but is legally protected from disclosure under legal privileges, such as the attorney-client privilege or work product exemption and other concepts of legal protection ("Privilege"). Each party recognizes that they shall be jointly entitled to the Privilege with respect to such privileged information and that each shall be entitled to maintain and use for its own benefit all such information and advice, but both parties shall ensure that such information is maintained so as to protect the Privileges with respect to the other party's interest. To that end neither party will knowingly waive or compromise any Privilege associated with such information and advice without the consent of the other party. In the event that privileged information is required to be disclosed to any arbitrator or mediator in connection with a dispute between the parties, such disclosure shall not be deemed a waiver of Privilege with respect to such information, and any party receiving it in connection with a proceeding shall be informed of its nature and shall be required to safeguard and protect it.

Appears in 3 contracts

Samples: Separation Agreement (Centerpoint Energy Inc), Separation Agreement (Texas Genco Holdings Inc), Separation Agreement (Texas Genco Holdings Inc)

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Preservation of Legal Privileges. CenterPoint and Genco The Parties recognize that the members of their respective Businesses Groups possess and will possess information and advice that has been previously developed but is legally protected from disclosure under legal privileges, such as the attorney-client privilege or work product exemption and other concepts of legal protection ("Privilege"). Each party Party recognizes that they shall be jointly entitled to the Privilege with respect to such privileged information and that each shall be entitled to maintain and use for its own benefit all such information and advice, but both parties Parties shall ensure that such information is maintained so as to protect the Privileges with respect to the other partyParty's interest. To that end neither party Party will knowingly waive or compromise any Privilege associated with such information and advice without the consent of the other partyParty. In the event that If privileged information is required to be disclosed to any arbitrator or mediator in connection with a dispute between the partiesParties, such disclosure shall not be deemed a waiver of Privilege with respect to such information, and any party Party receiving it in connection with a proceeding shall be informed of its nature and shall be required to safeguard and protect it.

Appears in 2 contracts

Samples: Master Separation Agreement (Plains Resources Inc), Master Separation Agreement (Plains Exploration & Production Co L P)

Preservation of Legal Privileges. CenterPoint and Genco The Parties recognize that the members of Parties and their respective Businesses Affiliates possess and will possess information and advice that has been previously developed but is legally protected from disclosure under legal privileges, such as the attorney-client privilege or work product exemption and other concepts of legal protection ("Privilege"). Each party Party recognizes that they shall be jointly entitled to the Privilege with respect to such privileged information and that each shall be entitled to maintain and use for its own benefit all such information and advice, but both parties Parties shall ensure that such information is maintained so as to protect the Privileges with respect to the other party's Party’s interest. To that end neither party no Party will knowingly waive or compromise any Privilege associated with such information and advice without the consent of the other partyParties. In the event that If privileged information is required to be disclosed to any arbitrator or mediator in connection with a dispute between the partiesParties, such disclosure shall not be deemed a waiver of Privilege with respect to such information, and any party Party receiving it in connection with a proceeding shall be informed of its nature and shall be required to safeguard and protect it.

Appears in 1 contract

Samples: Transition Services Agreement (Rosetta Resources Inc.)

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Preservation of Legal Privileges. CenterPoint REI and Genco Resources recognize that the members of their respective Businesses groups possess and will possess information and advice that has been previously developed but is legally protected from disclosure under legal privileges, such as the attorney-client privilege or work product exemption and other concepts of legal protection ("Privilege"). Each party recognizes that they shall be jointly entitled to the Privilege with respect to such privileged information and that each shall be entitled to maintain and use for its own benefit all such information and advice, but both parties shall ensure that such information is maintained so as to protect the Privileges with respect to the other party's interest. To that end neither party will knowingly waive or compromise any Privilege associated with such information and advice without the consent of the other party. In the event that privileged information is required to be disclosed to any arbitrator or mediator in connection with a dispute between the parties, such disclosure shall not be deemed a waiver of Privilege with respect to such information, and any party receiving it in connection with a proceeding shall be informed of its nature and shall be required to safeguard and protect it.to

Appears in 1 contract

Samples: Master Separation Agreement (Reliant Resources Inc)

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