Common use of Highly Confidential Material Clause in Contracts

Highly Confidential Material. A Producing Person may designate Discovery Material as “Highly Confidential” if such Producing Person believes in good faith (or with respect to documents received from another person, has been reasonably advised by such other person) that such Discovery Material constitutes or includes Highly Confidential Material that is of such a nature that a risk of competitive injury would be created if such Discovery Material were disclosed to persons other than those identified in Paragraph 12 of this Order, such as trade secrets, sensitive financial or business information, or material prepared by its industry professionals, advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by such Producing Person in connection with the Disputes or these Chapter 11 Cases, and only to the extent that the Producing Person believes in good faith that such material is of such a nature that “Highly Confidential” treatment is warranted; or the Producing Person has in good faith been requested by another Party or non-Party to so designate on the grounds that such other Party or non-Party considers such material to contain information that is Highly Confidential Material (as defined herein). Any model used by a testifying expert in connection with preparing an opinion or underlying that opinion that has been customized by the expert or is not commercially available may be produced as “Highly Confidential.”

Highly Confidential Material. A Producing Person Party may designate Discovery Material as “Highly Confidential” if such Discovery Material is of a nature that should be protected under the Bankruptcy Rules or the Federal Rules and the Producing Person Party reasonably believes in good faith (or with respect to documents received from another person, has been reasonably advised by such other person) that such Discovery Material constitutes or includes Highly Confidential Material that is of such a nature that a risk of competitive injury would be created if such Discovery Material were disclosed to persons other than those identified in Paragraph 12 14 of this Order, such as trade secrets, sensitive financial or business information, or material prepared by its industry professionals, advisors, financial advisors, accounting advisors, experts and experts, or by its consultants (and their respective staff) that are retained by such Producing Person the signatories to this Order in connection with the Disputes this Case if such materials contain trade secrets or these Chapter 11 Casessensitive financial or business information, and only to the extent that the Producing Person Party reasonably believes in good faith that such material is of such a nature that “Highly ConfidentialConfidentia l” treatment is warranted; . For the avoidance of doubt, Discovery Material previously identified as “For Professional Eyes Only” by the Debtor or the Producing Person has in good faith been requested by another Party or non-Party to so designate on the grounds that such any other Party or non-Party considers such material to contain information that is are deemed designated as Highly Confidential Material (as defined herein). Any model used by a testifying expert in connection with preparing an opinion or underlying under this Order; provided, however, that opinion the Highly Confidential designation is subject to all available challenges to that has been customized by designation available pursuant to the expert or is not commercially available may be produced as “Highly Confidentialterms of this Order.”

Highly Confidential Material. A Producing Person may designate Discovery Material as “Highly Confidential” if such Producing Person believes in good faith (or with respect to documents received from another person, has been reasonably advised by such other person) that such Discovery Material constitutes or includes Highly Confidential Material that is of such a nature that a risk of competitive injury would be created if such Discovery Material were disclosed to persons other than those identified in Paragraph 12 of this OrderStipulation, such as trade secrets, sensitive financial or business information, or material prepared by its industry professionals, advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by such Producing Person in connection with the Disputes or these Chapter 11 Cases, or otherwise is highly private and personal to the Producing Person or its employees, and only to the extent that the Producing Person believes in good faith that such material Confidential Material is of such a nature that “Highly Confidential” treatment is warranted; or the Producing Person has in good faith been requested by another Party or non-Party to so designate on the grounds that the Confidential Material contains the other Party or non-Party’s information, which such other Party or non-Party considers such material to contain information that is Highly Confidential Material (as defined herein). Any model used by a testifying expert in connection with preparing an opinion or underlying that opinion that has been customized by the expert or is not commercially available may be produced as “Highly Confidential.”

Highly Confidential Material. A Producing Person Party may designate Discovery Material as “Highly Confidential” if such Discovery Material is of a nature that should be protected under the Bankruptcy Rules or the Federal Rules and the Producing Person Party reasonably believes in good faith (or with respect to documents received from another person, has been reasonably advised by such other person) that such Discovery Material constitutes or includes Highly Confidential Material that is of such a nature that a risk of competitive injury would be created if such Discovery Material were disclosed to persons other than those identified in Paragraph 12 14 of this Order, such as trade secrets, sensitive financial or business information, or material prepared by its industry professionals, advisors, financial advisors, accounting advisors, experts and experts, or by its consultants (and their respective staff) that are retained by such Producing Person the signatories to this Order in connection with the Disputes this Case if such materials contain trade secrets or these Chapter 11 Casessensitive financial or business information, and only to the extent that the Producing Person Party reasonably believes in good faith that such material is of such a nature that “Highly Confidential” treatment is warranted; . For the avoidance of doubt, Discovery Material previously identified as “For Professional Eyes Only” by the Debtor or the Producing Person has in good faith been requested by another Party or non-Party to so designate on the grounds that such any other Party or non-Party considers such material to contain information that is are deemed designated as Highly Confidential Material (as defined herein). Any model used by a testifying expert in connection with preparing an opinion or underlying under this Order; provided, however, that opinion the Highly Confidential designation is subject to all available challenges to that has been customized by designation available pursuant to the expert or is not commercially available may be produced as “Highly Confidentialterms of this Order.”

Highly Confidential Material. A Producing Person may designate Discovery Material as “Highly Confidential” if such Producing Person believes in good faith (or with respect to documents received from another person, has been reasonably advised by such other person) that such Discovery Material constitutes or includes Highly Confidential Material that is of such a nature that a risk of competitive injury would be created if such Discovery Material were disclosed to persons other than those identified in Paragraph 12 of this Order, such as trade secrets, sensitive financial or business information, or material prepared by its industry professionals, advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by such Producing Person in connection with the Disputes or these Chapter 11 Cases, and only to the extent that the Producing Person believes in good faith that such material is of such a nature that “Highly Confidential” treatment is warranted; or the Producing Person has in good faith been requested by another Party or non-Party to so designate on the grounds that such other Party or non-Party considers such material to contain information that is Highly Confidential Material (as defined herein). Any model used by The Parties may designate Highly Confidential Materials on a testifying expert in connection with preparing an opinion or underlying that opinion that has been customized by the expert or is not commercially available may be produced as “Highly Confidentialcase-by-case basis.”