Inadvertent Failure to Designate. 14 1. The inadvertent failure to designate confidential information as 15 CONFIDENTIAL or ATTORNEYS’ EYES ONLY prior to or at the time of 16 disclosure shall not operate as a waiver of a party’s right to designate such 17 information as CONFIDENTIAL or ATTORNEYS’ EYES ONLY after such 18 disclosure.
20 2. In the event that confidential information is designated as 21 CONFIDENTIAL or ATTORNEYS’ EYES ONLY after disclosure, the receiving 22 party shall employ reasonable efforts to ensure that all previously disclosed 23 information is subsequently treated as CONFIDENTIAL or ATTORNEYS’ EYES 24 ONLY, as appropriate, pursuant to the terms of this Protective Order.
26 3. Should any document or information designated as 27 CONFIDENTIAL or ATTORNEYS’ EYES ONLY be disclosed, through 28 inadvertence or otherwise, to any person or party not authorized to see such 1 materials under this Protective Order, then the disclosing party shall immediately 2 procure the return of the material, and inform counsel for the designating party 3 whose confidential information has thus been disclosed of all relevant information 4 concerning the nature and circumstances of such disclosure. The disclosing party 5 shall also take all reasonable measures promptly to ensure that no further or greater 6 unauthorized disclosure of the Confidential Information occurs.
Inadvertent Failure to Designate. A party’s inadvertent failure to designate particular Discovery Material as “Confidential” or “Highly Confidential” at the time of production shall not operate to waive a Producing Party’s right to later designate such Discovery Material as Designated Material or later apply another designation pursuant to this Order (“Misdesignated that was previously produced should be designated as Confidential Material or Highly Confidential Material, that Party shall notify all other Parties in writing, and such designated testimony or portion of Discovery Materials will thereafter be treated as Confidential Material or Highly Confidential Material under the terms of this Protective Order, provided that the Party designating the Confidential Material or Highly Confidential Material will, at its cost, provide the other Parties with substitute copies, bearing the appropriate legend, of any such Discovery Materials. Upon receipt of replacement copies of such Misdesignated Material with the proper designation, the Receiving Party or Parties shall take all reasonable steps to return or destroy all previously produced copies of such Misdesignated Material. If requested by the Producing Party, a Receiving Party shall verify in writing that it has taken all reasonable steps to return or destroy such Misdesignated Material. Notwithstanding the foregoing, no Party shall be deemed to have violated this Order if, prior to notification of any later designation, such Discovery Material was disclosed or used in any manner consistent with its original designation but inconsistent with its later designation.
Inadvertent Failure to Designate. 16 1. The inadvertent failure to designate confidential information as 17 CONFIDENTIAL prior to or at the time of disclosure shall not operate as a waiver 18 of a party’s right to designate such information as CONFIDENTIAL after such 19 disclosure.
20 2. In the event that confidential information is designated as 21 CONFIDENTIAL after disclosure, the receiving party shall employ reasonable 22 efforts to ensure that all previously disclosed information is subsequently treated as 23 CONFIDENTIAL, as appropriate, pursuant to the terms of this Protective Order.
24 3. Should any document or information designated as CONFIDENTIAL 25 be disclosed, through inadvertence or otherwise, to any person or party not 26 authorized to see such materials under this Protective Order, then the disclosing 27 party shall immediately procure the return of the material, and inform counsel for 28 the designating party whose confidential information has thus been disclosed of all 1 relevant information concerning the nature and circumstances of such disclosure. 2 The disclosing party shall also take all reasonable measures promptly to ensure that 3 no further or greater unauthorized disclosure of the Confidential Information occurs. 4
Inadvertent Failure to Designate. A Party’s failure to designate any Discovery Material as “Confidential” shall not be deemed a waiver of that Party’s later claim that such Discovery Material should be treated as Confidential Material pursuant to this Order (“Mis- designated Material”). Upon the Producing Party’s identification of such Mis-designated Material to the persons who receive such material (“Receiving Party”), arrangement will be made for the immediate return or destruction of the Mis-designated Material or for the return to the Producing Party of all copies of the Mis-designated Material and for the prompt substitution (within five business days) of properly designated copies of such Discovery Material. If requested by the Producing Party, a Receiving Party shall verify in writing that it has returned or destroyed such Mis-designated Material. USE AND DISCLOSURE OF DISCOVERY MATERIAL
Inadvertent Failure to Designate. A Party’s inadvertent failure to designate
Inadvertent Failure to Designate. A Party’s inadvertent failure to designate any Discovery Material as “Highly Confidential” or “Confidential” shall not be deemed a waiver of that Party’s later claim that such Discovery Material is Designated Material or is entitled to another designation pursuant to this Order (“Misdesignated Material”) at any time thereafter. At receipt of replacement copies of such Misdesignated Material with the proper designation, the Receiving Party or Parties shall take all commercially reasonable steps to return or destroy all previously produced copies of such Misdesignated Material. If requested by the Producing Person, a Receiving Party shall verify in writing that it has taken all commercially reasonable steps to return or destroy such Misdesignated Material.
Inadvertent Failure to Designate. A Producing Party’s inadvertent failure to designate any Discovery Material as “Professionals’ Eyes Only” or “Confidential” shall not be deemed a waiver of the Producing Party’s later claim that such Discovery Material is Designated Material or is entitled to another designation pursuant to this Order (“Misdesignated Material”) at any time thereafter. At such time, arrangement will be made for the destruction of the Misdesignated Material or for the return to the Producing Party of all copies of the Misdesignated Material and for the substitution, where appropriate, of properly labeled copies of such Discovery Material. Upon receipt of replacement copies of such Misdesignated Material with the proper designation, each Receiving Party shall take all commercially reasonable steps to return or destroy all previously produced copies of such Misdesignated Material. If requested by the Producing Party, the Receiving Party shall verify in writing that it has taken all commercially reasonable steps to return or destroy such Misdesignated Material.
Inadvertent Failure to Designate. A Producing Person’s failure to designate any Production Material as Designated Material shall not be deemed a waiver of that Producing Person’s later claim that such Production Material should be Designated Material or is entitled to another designation pursuant to this Order (“Misdesignated Material”) at any time thereafter, and may be corrected by supplemental written notice. Upon the Producing Person’s identification of such Misdesignated Material to the Receiving Party (“Receiving Person”), arrangement will be made for the destruction of the Misdesignated Material or for the return to the Producing Person of all copies of the Misdesignated Material and for the substitution, where appropriate, of properly designated copies of such Production Material. Upon receipt of replacement copies of such Misdesignated Material with the proper designation, the Receiving Person(s) shall take all commercially reasonable steps to return or destroy all previously produced copies of such Misdesignated Material. Upon the Producing Person’s identification of such Misdesignated Material to the Receiving Person, pending the provision of such replacement copies, the Receiving Person shall treat the Misdesignated Material as if it were Designated Material in accordance with the request of the Producing Person, provided that the Producing Person provides such replacement copies within ten (10) business days of the identification of the Misdesignated Material. If requested by the Producing Person, a Receiving Person shall verify in writing that it has taken all commercially reasonable steps to return or destroy such Misdesignated Material. Notwithstanding the foregoing, no Receiving Person shall be deemed to have violated this Order if, prior to notification of any later designation, such Misdesignated Material was disclosed or used in any manner consistent with its original designation but inconsistent with its later designation. Once such later designation has been made, however, any Misdesignated Material shall be treated in accordance with that later designation; provided, however, that if the material that was not designated has been, at the time of the later designation, previously publicly filed with a court, no Receiving Person shall be bound by such later designation except to the extent determined by the Court upon motion of the Party or third- party that failed to make the designation. USE AND DISCLOSURE OF DESIGNATED MATERIAL
Inadvertent Failure to Designate. An inadvertent failure to designate a document 26 as Confidential Information does not, standing alone, waive the right to so designate the 27 document; provided, however, that a failure to serve a timely Notice of Designation of deposition 28 SMRH:485142814.2 -4- 1 testimony as required by this Order, even if inadvertent, waives any protection for deposition 2 testimony. If a party designates a document as Confidential Information after it was initially 3 produced, the receiving party, on notification of the designation, must make a reasonable effort to 4 assure that the document is treated in accordance with the provisions of this Order. No party shall 5 be found to have violated this Order for failing to maintain the confidentiality of material during a 6 time when that material has not been designated Confidential Information, even where the failure 7 to so designate was inadvertent and where the material is subsequently designated Confidential
Inadvertent Failure to Designate. An inadvertent failure to designate does not, standing alone, waive protection under this Agreement. Upon timely assertion or correction of a designation, all recipients must make reasonable efforts to ensure that material designated as “CONFIDENTIAL” is treated according to this Agreement.
