Common use of Company Engagements; Privileged Information Clause in Contracts

Company Engagements; Privileged Information. (a) Xxxxxx, Halter & Xxxxxxxx LLP (“Xxxxxx”) has acted as counsel for Seller and the Company (collectively, the “Xxxxxx Clients”) in connection with this Agreement (the “Sale Engagement”) and in that connection Xxxxxx has not acted as counsel for any other Person, including Buyer. Upon the Closing, only the Xxxxxx Clients shall be considered clients of Xxxxxx in the Sale Engagement. All communications between the Xxxxxx Clients and Xxxxxx in the course of the Sale Engagement shall be deemed to be attorney-client confidences that belong solely to Seller and not the Company. Accordingly, neither the Company nor Buyer shall have access to any such communications, or to the files of Xxxxxx relating to the Sale Engagement. Without limiting the generality of the foregoing, upon and after the Closing, (i) Seller and Xxxxxx shall be the sole holders of the attorney-client privilege solely related to the Sale Engagement, and neither the Company nor Buyer shall be a holder thereof, (ii) to the extent that files of Xxxxxx in respect of the Sale Engagement constitute property of a Xxxxxx Client, only Seller shall hold such property rights, and (iii) Xxxxxx shall have no duty whatsoever to reveal or disclose any such attorney-client communications or files solely related to the Sale Engagement to the Company or Buyer by reason of any attorney-client relationship between Xxxxxx and the Company or otherwise.

Company Engagements; Privileged Information. (a) Xxxxxx, Halter & Xxxxxxxx LLP (“Xxxxxx”) has acted as counsel for Seller and the Company (collectively, the “Xxxxxx Clients”) in connection with this Agreement (the “Sale Engagement”) and in that connection Xxxxxx has not acted as counsel for any other Person, including Buyer. Upon the Closing, only the Xxxxxx Clients shall be considered clients of Xxxxxx in the Sale Engagement. All communications between the Xxxxxx Clients and Xxxxxx in the course of the Sale Engagement shall be deemed to be attorney-client confidences that belong solely to Seller and not the Company. Accordingly, neither the Company nor Buyer shall have access to any such communications, or to the files of Xxxxxx relating to the Sale Engagement. Without limiting the generality of the foregoing, upon and after the Closing, (i) Seller and Xxxxxx shall be the sole holders of the attorney-client privilege solely related with respect to the Sale Engagement, and neither the Company nor Buyer shall be a holder thereof, (ii) to the extent that files of Xxxxxx in respect of the Sale Engagement constitute property of a Xxxxxx Client, only Seller shall hold such property rights, and (iii) Xxxxxx shall have no duty whatsoever to reveal or disclose any such attorney-client communications or files solely related to the Sale Engagement to the Company or Buyer by reason of any attorney-client relationship between Xxxxxx and the Company or otherwise.

Company Engagements; Privileged Information. (a) Xxxxxx Representation of Xxxxxx Clients. Xxxxxx, Halter & Xxxxxxxx LLP (“Xxxxxx”) has acted as counsel for Seller and the Company (collectively, the “Xxxxxx Clients”) in connection with this Agreement (the “Sale Engagement”) and in that connection Xxxxxx has not acted as counsel for any other Person, including Buyer. Upon the Closing, only the Xxxxxx Clients shall be considered clients of Xxxxxx in the Sale Engagement. All communications between the Xxxxxx Clients and Xxxxxx in the course of the Sale Engagement shall be deemed to be attorney-client confidences that belong solely to Seller and not the Company. Accordingly, neither the Company nor Buyer shall have access to any such communications, or to the files of Xxxxxx relating to the Sale Engagement. Without limiting the generality of the foregoing, upon and after the Closing, (i) Seller and Xxxxxx shall be the sole holders of the attorney-client privilege solely related with respect to the Sale Engagement, and neither the Company nor Buyer shall be a holder thereof, (ii) to the extent that files of Xxxxxx in respect of the Sale Engagement constitute property of a Xxxxxx Client, only Seller shall hold such property rights, and (iii) Xxxxxx shall have no duty whatsoever to reveal or disclose any such attorney-client communications or files solely related to the Sale Engagement to the Company or Buyer by reason of any attorney-client relationship between Xxxxxx and the Company or otherwise.

Company Engagements; Privileged Information. (a) 8.3.1 Xxxxxx, Halter & Xxxxxxxx LLP (“Xxxxxx”) has acted as counsel for Seller and the Company (collectively, the “Xxxxxx Clients”) in connection with this Agreement (the “Sale Engagement”) and in that connection Xxxxxx has not acted as counsel for any other Person, including Buyer. Upon the Closing, only the Xxxxxx Clients shall be considered clients of Xxxxxx in the Sale Engagement. All communications between the Xxxxxx Clients and Xxxxxx in the course of the Sale Engagement shall be deemed to be attorney-client confidences that belong solely to Seller and not the Company. Accordingly, neither the Company nor Buyer shall have access to any such communications, or to the files of Xxxxxx relating to the Sale Engagement. Without limiting the generality of the foregoing, upon and after the Closing, (ia) Seller and Xxxxxx shall be the sole holders of the attorney-client privilege solely related with respect to the Sale Engagement, and neither the Company nor Buyer shall be a holder thereof, (iib) to the extent that files of Xxxxxx in respect of the Sale Engagement constitute property of a Xxxxxx Client, only Seller shall hold such property rights, and (iiic) Xxxxxx shall have no duty whatsoever to reveal or disclose any such attorney-client communications or files solely related to the Sale Engagement to the Company or Buyer by reason of any attorney-client relationship between Xxxxxx and the Company or otherwise.