Limitations on Litigation Support. Notwithstanding anything to the contrary in Section 4.2(f) or Section 4.2(g), neither Seller, Buyer nor their respective Affiliates shall be obligated to (i) cooperate with the other party if Seller or its Affiliates, on the one hand, or Buyer or its Affiliates, on the other hand, are adverse parties in such third-party claim or third-party lawsuit and such cooperation is reasonably pertinent thereto, or (ii) provide any document (or portions thereof) or information that is subject to the terms of a non-disclosure agreement with a third party or that may constitute privileged attorney-client communications or attorney work product and the transfer of which, or the provision of access to which, as reasonably determined by such party’s outside counsel, constitutes a waiver of any such privilege or protection; provided, that the applicable party shall use commercially reasonable efforts to make reasonable substitute disclosure arrangements which would allow it to disclose such information without resulting in any such disclosures of information subject to privilege, conflicts or violations.
