Judicial Intervention. If Plaintiffs elect to challenge a confidentiality designation or redaction, they may file and serve a motion that identifies the challenged material and sets forth in detail the basis for the challenge. Such a motion must be accompanied by a declaration affirming that Plaintiffs have complied with the meet and confer requirements of this procedure. The burden of persuasion in any such challenge proceeding shall be on the Defendants. Until the Court rules on the challenge, Plaintiffs shall continue to treat the materials as Confidential Information under the terms of this Order.
Judicial Intervention. If any of the restrictions contained in this Section 4 shall be deemed to be unenforceable by reason of the extent, duration, or geographical scope thereof, or otherwise, then the court making such determination shall have the right to reduce such extent, duration, geographical scope, or other provisions hereof, and in its reduced form this Section 4 shall be enforceable in the manner contemplated hereby.
Judicial Intervention. If any provision of this Section 4 shall for any reason be held to be excessively broad as to scope, activity, subject or otherwise, so as to be unenforceable by law, such provision or provisions shall be construed by the appropriate judicial body by limiting or reducing it or them, so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear. Employee agrees that if he violates any of the covenants in this Section 4, monetary damages will be inadequate, and the Corporation entitled to injunctive relief and specific performance.
Judicial Intervention. A Party that elects to press a challenge to a 19 confidentiality designation after considering the justification offered by the 20 Designating Party may file and serve a motion that identifies the challenged material 21 and sets forth in detail the basis for the challenge. Each such motion must be 22 accompanied by a competent declaration that affirms that the movant has complied 23 with the meet and confer requirements imposed in the preceding paragraph and that 24 sets forth with specificity the justification for the confidentiality designation that 25 was given by the Designating Party in the meet and confer dialogue.
Judicial Intervention. If the parties cannot resolve a challenge without 4 court intervention, the designating party may file and serve a motion to retain 5 confidentiality under Local Civil Rule 7 (and in compliance with Local Civil Rule 7 designating party. Frivolous challenges, and those made for an improper purpose 8 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 9 expose the challenging party to sanctions. All parties shall continue to maintain the 10 material in question as confidential until the court rules on the challenge.
Judicial Intervention. 12.1. In the event a court of competent jurisdiction, for any reason and at any time during the term of this Lease Agreement, shall prohibit TENANT from using the Leased Premises for the purpose for which it was leased, by temporary injunction or abolishment of program, TENANT shall have the option to (1) terminate this Lease Agreement without any further liability, costs and expense to TENANT or (2) to continue this Lease Agreement in force and effect for the full term.
Judicial Intervention. 15 If the Parties cannot resolve a challenge without court intervention, the 16 Designating Party shall file and serve a motion to retain confidentiality within 21 17 days of the initial notice of challenge or within 14 days of the parties agreeing that 18 the meet and confer process will not resolve their dispute, whichever is earlier. Each 19 such motion must be accompanied by a competent declaration affirming that the 20 movant has complied with the meet and confer requirements imposed in the 21 preceding paragraph. Failure by the Designating Party to make such a motion 22 including the required declaration within 21 days (or 14 days, if applicable) shall 23 automatically waive the confidentiality designation for each challenged designation. 24 In addition, the Challenging Party may file a motion challenging a confidentiality 25 designation at any time if there is good cause for doing so, including a challenge to 26 the designation of a deposition transcript or any portions thereof. Any motion 27 brought pursuant to this provision must be accompanied by a competent declaration
Judicial Intervention. If a Designating Party does not modify its designation of the 8 materials in response to a notice pursuant to paragraph 6.1 of this Protective Order, then the Party 10 Court for an order modifying or removing such designation. To maintain a CONFIDENTIAL or 11 ATTORNEYS EYES ONLY designation, the burden shall be on the proponent of confidentiality 12 to show that the material or information is entitled to protection under applicable law. Unless and 13 until a CONFIDENTIAL or ATTORNEYS EYES ONLY designation is voluntarily withdrawn 14 by the Designating Party, or the Court issues an order modifying or removing such designation, 15 the provisions of the Protective Order shall continue to apply.
Judicial Intervention. If the Parties cannot resolve a challenge without court 2 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 3 Local Rule 230 (and in compliance with Civil Local Rule 141, if applicable) within 21 days of the 4 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process 5 will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a
Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the Designating Party may file and serve a motion to retain confidentiality. The burden of persuasion in any such motion shall be on the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the challenging party to sanctions. All parties shall continue to maintain the material in question as confidential until the court rules on the challenge.
