Handling of Confidential Information in the Event of Termination.
(1) In the event of a valid termination, it is understood and agreed that all documents and information exchanged by the Parties during the settlement process are subject to settlement privilege, except to the extent that the documents or information were, are or become publicly available.
(2) In the event of termination, within thirty (30) days of such termination having occurred, Class Counsel shall destroy all documents or other materials provided by the Defendant or containing or reflecting information derived from such documents for the purposes of implementing this Settlement. Class Counsel shall provide counsel for the Defendant with a written certification by Class Counsel of such destruction. Nothing contained in this section shall be construed as requiring Class Counsel to destroy any of their work product. However, any documents or information provided by the Defendant in connection with the negotiation, administration and termination of this Settlement Agreement may not be disclosed to any person in any manner, or used, directly or indirectly, by Class Counsel or any other person in any way for any reason, including the prosecution of the Actions, without the express prior written permission of the Defendant. Class Counsel shall take reasonable steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel that discloses such documents and information.
Handling of Confidential Information in the Event of Termination. (1) In the event of a valid termination in accordance with the terms of the Settlement Agreement, it is understood and agreed that all documents and information exchanged by the Parties during the settlement process are subject to settlement privilege, except to the extent that the documents or information were, are, or become publicly available.
(2) In the event of termination, within thirty (30) days of such termination having occurred, Class Counsel shall destroy all documents or other materials provided by the Defendant or containing or reflecting information derived from such documents for the purposes of implementing this Settlement. Class Counsel shall provide counsel for the Defendant with a written certification by Class Counsel of such destruction. Nothing contained in this section shall be construed as requiring Class Counsel to destroy any of their work product. However, any documents or information provided by the Defendant in connection with the negotiation, administration and termination of this Settlement Agreement, including the mediation conducted on September 9-10, 2020, may not be disclosed to any person in any manner, or used, directly or indirectly, by Class Counsel or any other person in any way for any reason, including the prosecution of the Actions, without the express prior written permission of the Defendant. Class Counsel shall take reasonable steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel that discloses such documents and information.
Handling of Confidential Information in the Event of Termination. (1) In the event of a valid termination in accordance with the terms of the Settlement Agreement, it is understood and agreed that all documents and information exchanged by the Parties during the settlement process are subject to settlement privilege, except to the extent that the documents or information were, are, or become publicly available.
(2) In the event of termination, within thirty (30) days of such termination having occurred, Class Counsel shall destroy all documents or other materials provided by the CIBC Defendants or containing or reflecting information derived from such documents for the purposes of implementing this Settlement. Upon request, Class Counsel shall provide counsel for the CIBC Defendants with a written certification by Class Counsel of such destruction. Nothing contained in this section shall be construed as requiring Class Counsel to destroy any of their work product. However, any documents or information provided by the CIBC Defendants in connection with the negotiation, administration and termination of this Settlement Agreement, including without limitation the mediation conducted on September 9-10, 2020, may not be disclosed to any person in any manner, or used, directly or indirectly, by Class Counsel or any other person in any way for any reason, including the prosecution of the Brook Action, without the express prior written permission of the CIBC Defendants. Class Counsel shall take reasonable steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel that discloses such documents and information.
Handling of Confidential Information in the Event of Termination. (1) In the event of a valid termination, it is understood and agreed that all documents and information exchanged by the Parties during the settlement process are subject to settlement privilege, except to the extent that the documents or information were, are or become publicly available.
(2) In the event of termination, within thirty (30) days of such termination having occurred, Class Counsel shall destroy all documents or other materials provided by the Defendant or containing or reflecting information derived from such documents for the purposes of implementing this Settlement. Nothing contained in this section shall be construed as requiring Class Counsel to destroy any of their work product. However, any documents or information provided by the Defendant in connection with the negotiation, administration and termination of this Settlement Agreement may not be disclosed to any person in any manner, or used, directly or indirectly, by Class Counsel or any other person in any way for any reason, including the prosecution of the Action, without the express prior written permission of the Defendant. Class Counsel shall take reasonable steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel that discloses such documents and information.
(3) Nothing in this Settlement Agreement shall be construed as releasing any Party from its deemed undertaking in respect of documents produced on discovery, and the Parties acknowledge that their deemed undertaking remains in effect.
