Disclosure of Debtors’ Privileged Records to KPN Clause Samples

Disclosure of Debtors’ Privileged Records to KPN. The parties acknowledge that certain of the Debtors’ Records, including the Excluded Records and the Designated Records, may be protected by the attorney-client privilege or any other applicable privilege or doctrine, including the attorney work-product doctrine (the “Debtors’ Privileged Records”). The parties further acknowledge that certain of the Debtors’ Privileged Records, including Excluded Records, are stored in the FSC Warehouse, or are otherwise comingled with, certain of the Designated Records. As such, the parties acknowledge that KPN may unknowingly, unintentionally, and/or incidentally review, copy, or use certain of the Debtors’ Privileged Records in connection with his authorized review, copying, or use of the Designated Records pursuant to this Agreement. Therefore, the parties agree that KPN shall not be liable for any consequences that may result from any such unknowing, unintentional, and/or incidental review, copying, or use by KPN of any of the Debtors’ Privileged Records, provided, however, that KPN shall not disclose any of the Debtors’ Privileged Records to any third parties without the Debtors’ or the Debtors’ Successors’ prior consent.