Common use of Handling of Confidential Information in the Event of Termination Clause in Contracts

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.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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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 parties in order to reach the settlement process Settlement are and remain 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) 30 days of such the notice of termination having occurredbeing delivered or the Order described in section 9.2(1) being issued (if applicable), Class Counsel and the Defendants and their counsel shall destroy all documents or other materials provided by the Defendant other party or containing or reflecting information derived from such documents for the purposes of reaching and implementing this Settlement. Class Counsel and the Defendants and their counsel shall provide counsel for the Defendant other party with a written certification by Class Counsel of such destruction. Nothing contained in this section shall be construed as requiring Class Counsel any party to destroy any of their its work product. However, any documents or information provided by the Defendant Parties or Class Counsel 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 Counsel, the Defendants or their 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 Defendantapplicable party. Class Counsel Counsel, the Defendants and their counsel shall take reasonable steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel the party that discloses such documents and information.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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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.

Appears in 1 contract

Samples: Settlement Agreement

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