Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs under this Settlement Agreement, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly available. (2) If the Plaintiffs intend to produce for discovery or file in the Proceedings any Documents or other information provided by the Settling Defendants as cooperation under the Settlement Agreement (and there is not already a confidentiality order that applies), the Plaintiffs shall provide the Settling Defendants with an advance description of the Documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein. (3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 5 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents documents and information made available or provided by the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement, Agreement shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will shall not disclose the Documents documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents or information are or become publicly available; (iii) as beyond what is reasonably necessary for the prosecution of the Proceedings; Proceedings or (iv) as otherwise required by law, and acknowledge that they are bound by the deemed undertaking and Rule 30.1 of the Rules of Civil Procedure and the equivalent rules in other Provinces, except to the extent that the documents or information are publicly available. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality and security of such Documents documents and information, and of any work product of Class Counsel that discloses such Documents documents and information. Class Counsel shall treat any documents received from the Settling Defendants as highly confidential. The Settling Defendants’ obligations with respect to cooperation, except including the timing and substance of cooperation, shall be subject to such limitations as are ordered by the extent that the Documents and information are or become publicly availableCourt.
(2) If the Plaintiffs intend to produce for discovery or file If, in the Proceedings any Documents course of the Proceedings, the Plaintiffs, the Settlement Classes or other Class Counsel, acting reasonably, conclude that it is reasonably necessary to disclose or provide information provided by or documents obtained from the Settling Defendants as cooperation under which are not otherwise publicly available, or to file such information or documents in the Proceedings, and such disclosure is not otherwise prohibited by this Settlement Agreement, then the Plaintiffs, the Settlement Agreement (and there is not already a confidentiality order that applies), the Plaintiffs Classes or Class Counsel shall provide the Settling Defendants with an advance written description of the Documents documents or other information sought to be produced disclosed or filed provided at least thirty sixty (3060) days in advance of the proposed production or filingdisclosure, in order that the Settling Defendants may move to obtain a sealing confidentiality order, or confidentiality order take such other steps as they deem necessary, to protect their interests in respect of such information or similar reliefdocuments being disclosed or produced. If, within In the thirty (30) day period, event the Settling Defendants do not so movetake such steps, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day periodPlaintiffs, the Settling Defendants so move, the Plaintiffs Settlement Classes and Class Counsel shall not disclose the confidential Documents or information until oppose reasonable positions taken by the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Plaintiffs Plaintiffs, the Settlement Classes or Class Counsel to disclose or produce any Documents documents or other information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs Class Counsel shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for for, consent to, or consent to make submissions in support of such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 4 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs under this Settlement Agreement, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents documents or information are or become publicly available; (iii) as necessary for the prosecution of evidence in the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly available.
(2) If the Plaintiffs intend to produce for discovery or file in the Proceedings any Documents or other information provided by the Settling Defendants as cooperation under the Settlement Agreement (and there is not already a confidentiality order that applies)Agreement, the Plaintiffs shall provide the Settling Defendants with an advance description of the Documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, If the Settling Defendants so move, the Plaintiffs shall not oppose the position taken by the Settling Defendants. The Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, that they will keep the Documents or information on an external counsel only basis as appropriate until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 4 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants Defendant to the Plaintiffs and Class Counsel under this Settlement Agreement, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants Defendant except: (i) to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of evidence in the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly available.
(2) If the Plaintiffs or Class Counsel intend to produce for discovery or file in the Proceedings any Documents or other information provided by the Settling Defendants Defendant as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) and there is not already a confidentiality order issued in the Proceedings that applies)applies to the Documents and information provided as cooperation under this Settlement Agreement, the Plaintiffs Class Counsel shall provide the Settling Defendants Defendant with an advance description of the Documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants Defendant may move to obtain a sealing or confidentiality order or similar relief. If, within If the thirty (30) day periodSettling Defendant so moves, the Settling Defendants do not so movePlaintiffs, the Plaintiffs Settlement Class Members and Class Counsel can produce or file shall not oppose the information or Documents in the ordinary course. If, within that thirty (30) day period, position taken by the Settling Defendants so move, the Defendant. The Plaintiffs and Class Counsel shall not disclose produce or file the confidential Documents or information until the Settling Defendants’ Defendant’s motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, that they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of until the Settling Defendants; Defendant’s motion has been decided and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained thereinapplicable appeal periods have expired.
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce requests disclosure of any Documents or information provided by the Settling Defendants Defendant as cooperation under this Settlement Agreement and there is not already a confidentiality order issued in the Proceedings that applies to the Documents and information provided as cooperation under this Settlement Agreement, the Plaintiffs Class Counsel shall promptly notify the Settling Defendants Defendant of such application promptly request upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants Defendant may move to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential Documents or information or Documents until the motion brought by the Settling Defendants’ motion Defendant has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documentsall applicable appeal periods have expired, except: except (i) to the extent such information or Documents are or become otherwise publicly available; , (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay the prosecution of the relevant Proceeding(s)Proceedings, Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, that they will keep the Documents or information on an external counsel only basis until a final order the Settling Defendant’s motion has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, decided and all applicable appeal periods have expired.
(4) In addition, until a confidentiality order that applies to the Documents or and information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, provided as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure cooperation under this Settlement Agreement is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant issued in the relevant ProceedingProceedings, or a competitor of Class Counsel shall treat any documents received from the Settling Defendants.Defendant as designated as Confidential or Highly Confidential in accordance with the provisions of any stipulated Protective Order granted in the
Appears in 3 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement, Agreement shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-party service providers retained by them in connection with and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) or as otherwise required by law, except to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly available.
(2) If the Plaintiffs intend to produce for discovery or file in the Proceedings any Documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceedings that applies)applies to the Documents and information provided as cooperation by the Settling Defendants, the Plaintiffs Class Counsel shall provide the Settling Defendants with an advance description of the Documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain intervene for the purposes of obtaining a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the If a Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants so moveDefendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not disclose oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. The Plaintiffs and Class Counsel shall not produce or file the confidential information or Documents or information until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, and give assurances that they will keep the Documents or information on an external-counsel only basis until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person requests disclosure of Documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or other information, and there is not already a confidentiality order issued in the Proceedings that applies to the Documents and information provided as cooperation by the Settling Defendants as cooperation under this Settlement AgreementDefendants, the Plaintiffs Class Counsel shall notify provide notice to the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documentsall applicable appeal periods have expired, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s)Proceedings, Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Non- Settling Defendants Defendant provided that counsel for the Non-Settling Defendants Defendant agree and give assurances that, that they will keep the Documents or information on an external-counsel only basis until a final order the Settling Defendants’ motion has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, decided and all applicable appeal periods have expired.
(4) In addition, until such time as a confidentiality order is in place in the Proceedings that applies to the Documents and information provided as cooperation by the Settling Defendants and/or other Releasees named as Defendants, Class Counsel shall treat any Documents received from the Settling Defendants and designated as Confidential or information will remain Highly Confidential in accordance with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes provisions of the relevant Proceeding, as well as secretarial, clerical or other support personnel “Stipulated Protective Order” governing the production and exchange of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant confidential information issued in the relevant ProceedingU.S. Litigation on May 17, or 2013 (the “U.S. Protective Order”). Once a competitor of confidentiality order(s) is issued in the Proceedings, that order(s) shall govern any Documents and information received from the Settling Defendants.
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs under this Settlement Agreement, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly availableavailable not through breach of this Agreement. The Subject to the subsections 4.1(1)(c), 4.1(4) and 4.1(5), the Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly availableavailable not through breach of this Agreement.
(2) If the Plaintiffs intend to produce for discovery or file in the Proceedings any Documents or other information provided by the Settling Defendants as cooperation under the Settlement Agreement (and there is not already a confidentiality order that applies), the Plaintiffs shall provide the Settling Defendants with an advance description of the Documents or other information sought to be produced or filed at least thirty sixty (3060) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty sixty (3060) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty sixty (3060) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) provide, on an interim basis, Documents or information to external counsel for the Non-Settling Defendants in the Proceedings provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel of record only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
(4) The Plaintiffs shall in good faith consult with the Settling Defendants before the Plaintiffs agree to the terms of any confidentiality agreement or confidentiality order which would govern the confidentiality of information or Documents originating from the Settling Defendants in the Proceedings, and shall make best efforts to accommodate the Settling Defendants’ reasonable requests in respect of same.
(5) For greater certainty, nothing in this section 4.2 permits the Plaintiffs to disclose or use information in a manner inconsistent with the terms and conditions of subsections 4.1(1)(c), 4.1(4) or 4.1(5).
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement, shall be used only in connection with the prosecution of the claims in the ProceedingsProceedings against the Non-Settling Defendants, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents documents or information are or become publicly available; (iii) as necessary for the prosecution of evidence in the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly available.
(2) If the Plaintiffs or Class Counsel intend to produce for discovery or file in the Proceedings any Documents or other information provided by the Settling Defendants as cooperation under the Settlement Agreement (and there is not already a confidentiality order that applies)Agreement, the Plaintiffs Class Counsel shall provide the Settling Defendants with an advance description of the Documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, If the Settling Defendants so move, the Plaintiffs, Settlement Class Members and Class Counsel shall not oppose the position taken by the Settling Defendants. The Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) provide, on an interim basis, make such Documents or information to available for inspection by counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, that they will treat the information gleaned from such inspection as confidential and/or on an external counsel only basis as appropriate until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs Class Counsel shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 3 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
Limits on Use of Documents.
(1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement, including under Section 4.1, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. .
(2) The Plaintiffs and Class Counsel agree they will not disclose the disclose, produce or file any Documents and or information provided by the Settling Defendants except: (i) Defendants, whether pursuant to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued or pursuant to subsection 4.2(2the Settling Defendants’ production obligations in the BC Action, beyond what is reasonably necessary for the prosecution of the Proceedings or as otherwise required by law, and that any disclosure shall be in compliance with Section 4.3(4); (ii) . The Plaintiffs and Class Counsel acknowledge that they are bound by the implied and deemed undertaking rule in British Columbia and the equivalent rules in other provinces or territories, except to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information.
(3) Moreover, neither Class Counsel, nor anyone currently or hereafter employed by, or a partner with Class Counsel, may divulge to anyone for any purpose, or use for any purpose, any information obtained in the course of the Proceedings or the negotiation and preparation of this Settlement Agreement, except to the extent that the Documents and such information are is or become becomes otherwise publicly availableavailable or unless ordered to do so by a court or as otherwise provided in this Section 4.
(24) If If, in the course of the Proceedings, the Plaintiffs intend or Class Counsel, acting reasonably, conclude that it is reasonably necessary to disclose or produce for discovery or file Documents obtained from the Releasees, whether pursuant to this Settlement Agreement or pursuant to the Settling Defendants’ production obligations in the Proceedings any Documents or other information provided BC Action, and:
(a) such disclosure is not otherwise prohibited by the Settling Defendants as cooperation under the Settlement Agreement Agreement; and
(and b) there is not already a confidentiality order issued in any of the Proceedings that appliesapplies to the Documents and information provided (if there is already a confidentiality order issued, that order shall govern), the Plaintiffs Class Counsel shall provide Counsel for the Settling Defendants with an advance written description of the Documents or other information sought to be disclosed, produced or filed filed, promptly and in any event at least thirty (30) days in advance of the proposed disclosure, production or filing, in order that the Settling Defendants or other Releasees may move bring a motion for the purpose of obtaining a sealing or confidentiality order or similar relief, or take such steps as they deem necessary to protect their interests in respect of such Documents or information.
(5) If, in the course of the Proceedings, a Person requests disclosure or production of Documents or information obtained from the Releasees whether pursuant to this Settlement Agreement or pursuant to the Settling Defendants’ production obligations in the BC Action (whether or not the Person applies for an order), and:
(a) such disclosure is not otherwise prohibited by the Settlement Agreement;
(b) there is not already a confidentiality order issued in any of the Proceedings that applies to the Documents and information provided (if there is already a confidentiality order issued, that order shall govern), Class Counsel shall promptly provide Counsel for the Settling Defendants with advance written description of the Documents or information that is the subject of the request for disclosure or production, in order that the Settling Defendants or other Releasees may bring a motion for the purpose of obtaining a sealing or confidentiality order or similar relief, or take such steps as they deem necessary to protect their interests in respect of such Documents or information.
(6) If the Settling Defendants or other Releasees bring a motion under Section 4.3(4) or 4.3(5) of this Settlement Agreement to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can Counsel:
(a) shall not oppose reasonable positions taken by the Settling Defendants or other Releasees;
(b) shall not consent to disclosure or production or an order granting similar relief;
(c) shall not disclose, produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ such motion has been decided and all applicable appeal periods have expired, except, so as not unless otherwise ordered by a Court and subject to delay prosecution of the Proceedings, Class Counsel may: Section 4.3(6)(d); and
(id) may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances in writing that, until the motion brought by the Settling Defendants’ motion Defendants or other Releasees has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an will remain with external counsel only basis for the Non- Settling Defendants and will only disclose such Documents or information be disclosed to independent expert(s) retained by a Party Non-Settling Defendant for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessarynecessary and who agree in advance in writing to be bound by the same confidentiality and destruction obligations set out in Section 4 and Section 6.3(2)(d). An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, Proceedings or a competitor of the Settling Defendants.
Appears in 3 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants Holy Stone to the Electrolytic Plaintiffs under this Settlement Agreement, shall be used only in connection with the prosecution of the claims in the Electrolytic Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. The Electrolytic Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants Holy Stone except: (i) to experts, consultants or third-party service providers retained by them in connection with the Electrolytic Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents documents or information are or become publicly available; : (iii) as necessary for evidence in the prosecution of the Electrolytic Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Electrolytic Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly available.
(2) If the Electrolytic Plaintiffs intend to produce for discovery or file in the Electrolytic Proceedings any Documents or other information provided by the Settling Defendants Holy Stone as cooperation under the Settlement Agreement (and there is not already a confidentiality order that applies)Agreement, the Electrolytic Plaintiffs shall provide the Settling Defendants Holy Stone with an advance description of the Documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants Holy Stone may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day periodIf Holy Stone so moves, the Settling Defendants do Electrolytic Plaintiffs shall not so move, oppose the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary courseposition taken by Holy Stone. If, within that thirty (30) day period, the Settling Defendants so move, the The Electrolytic Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ Holy Stone’s motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Electrolytic Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants Holy Stone as cooperation under this Settlement Agreement, the Electrolytic Plaintiffs shall notify the Settling Defendants Holy Stone of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants Holy Stone may move to oppose such disclosure or production. In no circumstances shall the Electrolytic Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents documents and information made available or provided by the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement, Agreement shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the Documents documents and information provided by the Settling Defendants except: except (i) to experts, consultants consultants, or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2section 3.5(2); , (ii) to the extent that the Documents documents or information are or become publicly available; , (iii) as necessary for the prosecution of evidence in the Proceedings; , or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents documents and information, and of any work product of Class Counsel that discloses such Documents documents and information, except to the extent that the Documents and documents or information are or become publicly available.
(2) If the Plaintiffs intend to produce for discovery or file with any Court in the Proceedings any Documents documents or other information provided by the Settling Defendants as cooperation under the Settlement Agreement (and there is not already a confidentiality order that applies)Agreement, the Plaintiffs Class Counsel shall provide the Settling Defendants with an advance description of the Documents documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, If the Settling Defendants so move, the Plaintiffs and Class Counsel shall not oppose the Settling Defendants' motion. The Plaintiffs and Class Counsel shall not disclose the confidential Documents information or information documents until the Settling Defendants’ ' motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) may provide, on an interim basis, Documents documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, that they will keep the documents or information confidential and/or on an external-counsel only basis as appropriate until the Settling Defendants’ ' motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents documents or other information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs Class Counsel shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 2 contracts
Samples: Settlement Agreement, Class Action Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement, including under Section 4.1, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. .
(2) The Plaintiffs and Class Counsel agree they will not disclose the disclose, produce or file any Documents and or information provided by the Settling Defendants except: (i) Defendants, whether pursuant to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued or pursuant to subsection 4.2(2the Settling Defendants’ production obligations in the B.C. Action, beyond what is reasonably necessary for the prosecution of the Proceedings or as otherwise required by law, and that any disclosure shall be in compliance with Section 4.3(4); (ii) . The Plaintiffs and Class Counsel acknowledge that they are bound by the implied and deemed undertaking rule in British Columbia and the equivalent rules in other provinces or territories, except to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information.
(3) Moreover, neither Class Counsel, nor anyone currently or hereafter employed by, or a partner with Class Counsel, may divulge to anyone for any purpose, or use for any purpose, any information obtained in the course of the Proceedings or the negotiation and preparation of this Settlement Agreement, except to the extent that the Documents and such information are is or become becomes otherwise publicly availableavailable or unless ordered to do so by a court or as otherwise provided in this Section 4.
(24) If If, in the course of the Proceedings, the Plaintiffs intend or Class Counsel, acting reasonably, conclude that it is reasonably necessary to disclose or produce for discovery or file Documents obtained from the Releasees, whether pursuant to this Settlement Agreement or pursuant to the Settling Defendants’ production obligations in the Proceedings any Documents or other information provided B.C. Action, and:
(a) such disclosure is not otherwise prohibited by the Settling Defendants as cooperation under the Settlement Agreement Agreement; and
(and b) there is not already a confidentiality order issued in any of the Proceedings that appliesapplies to the Documents and information provided (if there is already a confidentiality order issued, that order shall govern), the Plaintiffs Class Counsel shall provide Counsel for the Settling Defendants with an advance written description of the Documents or other information sought to be disclosed, produced or filed filed, promptly and in any event at least thirty (30) days in advance of the proposed disclosure, production or filing, in order that the Settling Defendants or other Releasees may move to obtain bring a motion for the purpose of obtaining a sealing or confidentiality order or similar relief. , or take such steps as they deem necessary to protect their interests in respect of such Documents or information.
(5) If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. Ifcourse of the Proceedings, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose the confidential a Person requests disclosure or production of Documents or information until obtained from the Releasees whether pursuant to this Settlement Agreement or pursuant to the Settling Defendants’ motion has been decided and all applicable appeal periods have expiredproduction obligations in the B.C. Action (whether or not the Person applies for an order), except, so as and:
(a) such disclosure is not to delay prosecution otherwise prohibited by the Settlement Agreement;
(b) there is not already a confidentiality order issued in any of the ProceedingsProceedings that applies to the Documents and information provided (if there is already a confidentiality order issued, that order shall govern), Class Counsel may: (i) provide, on an interim basis, Documents or information to counsel shall promptly provide Counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep with advance written description of the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for that is the purposes subject of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies request for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is soughtproduction, in order that the Settling Defendants or other Releasees may move bring a motion for the purpose of obtaining a sealing or confidentiality order or similar relief, or take such steps as they deem necessary to oppose protect their interests in respect of such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendantsinformation.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants or Releasees to the Plaintiffs and Class Counsel under this Settlement Agreement, including under Section 4.1(1), shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. .
(2) The Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-party service providers retained by them in connection with beyond what is reasonably necessary for the prosecution of the Proceedings who have agreed to comply with or as otherwise required by law, and acknowledge that they are bound by the provisions implied and deemed undertaking, Rule 30.1 of this Settlement Agreement the Ontario Rules of Civil Procedure and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) the equivalent rules in other provinces, except to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information.
(3) Moreover, neither Class Counsel, nor anyone currently or hereafter employed by, or a partner with Class Counsel, may divulge to anyone for any purpose, or use for any purpose, any information obtained in the course of the Proceedings or the negotiation and preparation of this Settlement Agreement, except to the extent that the Documents and such information are is or become becomes otherwise publicly availableavailable or unless ordered to do so by a court or as otherwise provided in this Section 4.
(24) If If, in the Plaintiffs intend course of the Proceedings, the Plaintiffs, the Settlement Class Members or Class Counsel, acting reasonably, conclude that it is reasonably necessary to disclose or produce for discovery or file in Documents obtained from the Proceedings any Documents or other information provided Releasees and:
(a) such disclosure is not otherwise prohibited by the Settling Defendants as cooperation under the Settlement Agreement Agreement;
(and b) there is not already a confidentiality order issued in the Proceedings that applies)applies to the Documents and information provided as cooperation under this Settlement Agreement, the Plaintiffs Class Counsel shall provide Counsel for the Settling Defendants with an advance written description of the Documents or other information sought to be disclosed, produced or filed filed, promptly and in any event at least thirty (30) days in advance of the proposed disclosure, production or filing, in order that the Settling Defendants or other Releasees may move to obtain bring a motion for the purpose of obtaining a sealing or confidentiality order or similar relief. , or take such steps as they deem necessary to protect their interests in respect of such information or Documents.
(5) If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution course of the Proceedings, Class Counsel may: (i) provide, on an interim basis, a Person requests disclosure or production of information or Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated obtained from the public record, endorsed with Releasees (whether or not the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order), and:
(a) such disclosure is not otherwise prohibited by the Settlement Agreement;
(b) there is not already a confidentiality order requiring issued in the Plaintiffs Proceedings that applies to disclose or produce any the Documents or and information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs Class Counsel shall notify promptly provide Counsel for the Settling Defendants with advance written description of such application promptly upon becoming aware the Documents or other information that is the subject of it and no later than ten (10) days after the request for disclosure or production is soughtproduction, in order that the Settling Defendants or other Releasees may move bring a motion for the purpose of obtaining a sealing or confidentiality order or similar relief, or take such steps as they deem necessary to oppose protect their interests in respect of such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Limits on Use of Documents.
(1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs under this Settlement Agreement, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly available.
(2) If the Plaintiffs intend to produce for discovery or file in the Proceedings any Documents or other information provided by the Settling Defendants as cooperation under the Settlement Agreement (and there is not already a confidentiality order that applies), the Plaintiffs shall provide the Settling Defendants with an advance description of the Documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs Plaintiff and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 1 contract
Samples: Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information documents made available or provided by the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the Documents documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents or information are or become publicly available; (iii) as beyond what is reasonably necessary for the prosecution of the Proceedings; Proceedings or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents documents and information, and of any work product of Class Counsel that discloses such Documents documents and information, except to the extent that the Documents and information are or become publicly available.
(2) It is further understood and agreed that any documents provided by the Settling Defendants may be confidential and may be designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” by the Settling Defendants (or may have already been so designated in the U.S. Litigation). Any such documents will be treated in a manner consistent with the Stipulated Protective Order granted in the U.S. Litigation.
(3) If the Plaintiffs intend or Class Counsel intends to produce for discovery or file in the Proceedings any Documents or other information provided by the Settling Defendants as cooperation under the Settlement Agreement (and there such disclosure is not already a confidentiality order that applies)otherwise prohibited by the Settlement Agreement) which, at the Plaintiffs time of being provided, were marked or designated by the Settling Defendants as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”, Class Counsel shall provide the Settling Defendants with an advance description of the Documents or other information sought to be produced or filed in the Proceedings at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain intervene for the purpose of obtaining a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(34) In the event that a Person applies for an order requiring the Plaintiffs or Settlement Class Members to disclose or produce any Documents or other information provided by the Settling Defendants as cooperation under this Settlement AgreementAgreement which, at the Plaintiffs time of being provided, were marked or designated by the Settling Defendants as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”, Class Counsel shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs Plaintiffs, Settlement Class Members or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 1 contract
Samples: Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-third- party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of evidence in the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly available.
(2) If the Plaintiffs intend to produce for discovery or file in the Proceedings any Documents or other information provided by the Settling Defendants as cooperation under the Settlement Agreement (and there is not already a confidentiality order that applies), the Plaintiffs Class Counsel shall provide the Settling Defendants with an advance description of the Documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If the Settling Defendants so move, the Plaintiffs, Settlement Class Members and Class Counsel shall not oppose the position taken by the Settling Defendants. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose produce or file the confidential Documents or information until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Non- Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained unless otherwise agreed by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement AgreementAgreement (and there is not already a confidentiality order that applies), the Plaintiffs Class Counsel shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is soughtit, in order that the Settling Defendants may move to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential Documents or information or Documents until the Settling Defendants’ motion has been finally decided (including any appeals) and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants Defendant provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order the Non-Settling Defendant’s motion for disclosure or production (and the Settling Defendants’ opposition to which) has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, decided and all applicable appeal periods have expired, they will keep the Documents or information will remain with on an external counsel and will only be disclosed to independent expert(s) retained basis unless otherwise agreed by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 1 contract
Samples: Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-third- party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly available.
(2) If the Plaintiffs intend to produce for discovery or file in the Proceedings any Documents or other information provided by the Settling Defendants as cooperation under the Settlement Agreement (and there is not already a confidentiality order that applies), the Plaintiffs shall provide the Settling Defendants with an advance description of the Documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 1 contract
Samples: Settlement Agreement
Limits on Use of Documents.
(1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs under this Settlement Agreement, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the Documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly available.shall
(2) If the Plaintiffs intend to produce for discovery or file in the Proceedings any Documents or other information provided by the Settling Defendants as cooperation under the Settlement Agreement (and there is not already a confidentiality order that applies), the Plaintiffs shall provide the Settling Defendants with an advance description of the Documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.thirty
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs Plaintiff and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.
Appears in 1 contract
Samples: Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs Plaintiff and Class Counsel under this Settlement Agreement, including under Section 4.1, shall be used only in connection with the prosecution of the claims in the ProceedingsBC Action, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. .
(2) The Plaintiffs Plaintiff and Class Counsel agree they will not disclose the disclose, produce or file any Documents and or information provided by the Settling Defendants except: (i) Defendants, whether pursuant to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued or pursuant to subsection 4.2(2the Settling Defendants’ production obligations in the BC Action, beyond what is reasonably necessary for the prosecution of the BC Action or as otherwise required by law, and that any disclosure shall be in compliance with Section 4.3(4); (ii) . The Plaintiff and Class Counsel acknowledge that they are bound by the implied and deemed undertaking rule in British Columbia and the equivalent rules in other provinces or territories, except to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information.
(3) Moreover, neither Class Counsel, nor anyone currently or hereafter employed by, or a partner with Class Counsel, may divulge to anyone for any purpose, or use for any purpose, any information obtained in the course of the BC Action or the negotiation and preparation of this Settlement Agreement, except to the extent that the Documents and such information are is or become becomes otherwise publicly availableavailable or unless ordered to do so by a court or as otherwise provided in this Section 4.
(24) If If, in the Plaintiffs intend course of the BC Action, the Plaintiff or Class Counsel, acting reasonably, conclude that it is reasonably necessary to disclose or produce for discovery or file Documents obtained from the Releasees, whether pursuant to this Settlement Agreement or pursuant to the Settling Defendants’ production obligations in the Proceedings any Documents or other information provided BC Action, and:
(a) such disclosure is not otherwise prohibited by the Settling Defendants as cooperation under the Settlement Agreement Agreement; and
(and b) there is not already a confidentiality order issued in the BC Action that appliesapplies to the Documents and information provided (if there is already a confidentiality order issued, that order shall govern), the Plaintiffs Class Counsel shall provide the Settling Defendants or their counsel with an advance written description of the Documents or other information sought to be disclosed, produced or filed filed, promptly and in any event at least thirty (30) days in advance of the proposed disclosure, production or filing, in order that the Settling Defendants or other Releasees may move to obtain bring a motion for the purpose of obtaining a sealing or confidentiality order or similar relief. , or take such steps as they deem necessary to protect their interests in respect of such Documents or information.
(5) If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. Ifcourse of the BC Action, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose the confidential a Person requests disclosure or production of Documents or information until obtained from the Releasees whether pursuant to this Settlement Agreement or pursuant to the Settling Defendants’ motion has been decided production obligations in the BC Action (whether or not the Person applies for an order), and:
(a) such disclosure is not otherwise prohibited by the Settlement Agreement;
(b) there is not already a confidentiality order issued in the BC Action that applies to the Documents and all applicable appeal periods have expiredinformation provided (if there is already a confidentiality order issued, except, so as not to delay prosecution of the Proceedingsthat order shall govern), Class Counsel may: (i) provide, on an interim basis, Documents or information to counsel shall promptly provide Counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, they will keep with advance written description of the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for that is the purposes subject of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies request for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is soughtproduction, in order that the Settling Defendants or other Releasees may move bring a motion for the purpose of obtaining a sealing or confidentiality order or similar relief, or take such steps as they deem necessary to oppose protect their interests in respect of such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendantsinformation.
Appears in 1 contract
Samples: Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants Defendant to the Plaintiffs and Class Counsel under this Settlement Agreement, Agreement shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except . Except to the extent that the any Documents or information are or become publicly available. The , the Plaintiffs and Class Counsel agree that they will not disclose the Documents and information provided by the Settling Defendants except: (i) to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued pursuant to subsection 4.2(2); (ii) to the extent that the Documents or information are or become publicly available; (iii) as Defendant beyond what is reasonably necessary for the prosecution of the Proceedings; Proceedings or (iv) as otherwise required by law, provided that sufficient prior notice be given to the Settling Defendant. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information, except to the extent that the Documents and information are or become publicly available.
(2) If the Plaintiffs intend to produce for discovery or file in the Proceedings with any Court any Documents or other information provided by the Settling Defendants Defendant as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendant as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceedings that applies)applies to the Documents and information provided as cooperation by the Settling Defendant, the Plaintiffs Class Counsel shall provide the Settling Defendants Defendant with an advance description of the Documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants Defendant may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants Defendant so movemoves, the Plaintiffs and Class Counsel shall not disclose produce or file the confidential information or Documents or information until the Settling Defendants’ Defendant’s motion has been decided and all applicable appeal periods have expired, except, so as not to delay prosecution of the Proceedings, Class Counsel may: (i) may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree that, that they will keep the Documents or information on an external-counsel only basis until the motion brought by the Settling Defendants’ motion Defendant has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an external counsel only basis and will only disclose such Documents or information to independent expert(s) retained by a Party for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or other information provided by the Settling Defendants Defendant as cooperation under this Settlement Agreement, the Plaintiffs Class Counsel shall notify the Settling Defendants Defendant of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants Defendant may move intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential Documents or information or Documents until the Settling Defendants’ Defendant’s motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information production of such Documents or Documentsinformation, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s)Proceedings, Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants Defendant provided that counsel for the NonNon- Settling Defendant agrees and gives assurances that it will keep the Documents or information on an external-counsel only basis until the Settling Defendants agree and give assurances that, until a final order Defendant’s motion has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, decided and all applicable appeal periods have expired.
(4) Notwithstanding any other provision of this Settlement Agreement, until a confidentiality order that applies to the Documents and information provided as cooperation under this Settlement Agreement is issued in the Proceedings, Class Counsel shall treat any documents received from the Settling Defendant and designated as Confidential or information will remain Highly Confidential in accordance with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes provisions of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants.U.S.
Appears in 1 contract
Samples: Settlement Agreement
Limits on Use of Documents. (1) It is understood and agreed that all Documents and information made available or provided by the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement, including under Section 4.1, shall be used only in connection with the prosecution of the claims in the Proceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the Documents or information are or become publicly available. .
(2) The Plaintiffs and Class Counsel agree they will not disclose the disclose, produce or file any Documents and or information provided by the Settling Defendants except: (i) Defendants, whether pursuant to experts, consultants or third-party service providers retained by them in connection with the Proceedings who have agreed to comply with the provisions of this Settlement Agreement and any confidentiality orders issued or pursuant to subsection 4.2(2the Settling Defendants’ production obligations in the BC Action, beyond what is reasonably necessary for the prosecution of the Proceedings or as otherwise required by law, and that any disclosure shall be in compliance with Section 4.3(4); (ii) . The Plaintiffs and Class Counsel acknowledge that they are bound by the implied and deemed undertaking rule in British Columbia and the equivalent rules in other provinces or territories, except to the extent that the Documents or information are or become publicly available; (iii) as necessary for the prosecution of the Proceedings; or (iv) as otherwise required by law. Subject to the foregoing, the Plaintiffs and Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such Documents and information, and of any work product of Class Counsel that discloses such Documents and information.
(3) Moreover, neither Class Counsel, nor anyone currently or hereafter employed by, or a partner with Class Counsel, may divulge to anyone for any purpose, or use for any purpose, any information obtained in the course of the Proceedings or the negotiation and preparation of this Settlement Agreement, except to the extent that the Documents and such information are is or become becomes otherwise publicly availableavailable or unless ordered to do so by a court or as otherwise provided in this Section 4.
(24) If If, in the course of the Proceedings, the Plaintiffs intend or Class Counsel, acting reasonably, conclude that it is reasonably necessary to disclose or produce for discovery or file Documents obtained from the Releasees, whether pursuant to this Settlement Agreement or pursuant to the Settling Defendants’ production obligations in the Proceedings any Documents or other information provided BC Action, and:
(a) such disclosure is not otherwise prohibited by the Settling Defendants as cooperation under the Settlement Agreement Agreement; and
(and b) there is not already a confidentiality order issued in any of the Proceedings that appliesapplies to the Documents and information provided (if there is already a confidentiality order issued, that order shall govern), the Plaintiffs Class Counsel shall provide Counsel for the Settling Defendants with an advance written description of the Documents or other information sought to be disclosed, produced or filed filed, promptly and in any event at least thirty (30) days in advance of the proposed disclosure, production or filing, in order that the Settling Defendants or other Releasees may move bring a motion for the purpose of obtaining a sealing or confidentiality order or similar relief, or take such steps as they deem necessary to protect their interests in respect of such Documents or information.
(5) If, in the course of the Proceedings, a Person requests disclosure or production of Documents or information obtained from the Releasees whether pursuant to this Settlement Agreement or pursuant to the Settling Defendants’ production obligations in the BC Action (whether or not the Person applies for an order), and:
(a) such disclosure is not otherwise prohibited by the Settlement Agreement;
(b) there is not already a confidentiality order issued in any of the Proceedings that applies to the Documents and information provided (if there is already a confidentiality order issued, that order shall govern), Class Counsel shall promptly provide Counsel for the Settling Defendants with advance written description of the Documents or information that is the subject of the request for disclosure or production, in order that the Settling Defendants or other Releasees may bring a motion for the purpose of obtaining a sealing or confidentiality order or similar relief, or take such steps as they deem necessary to protect their interests in respect of such Documents or information.
(6) If the Settling Defendants or other Releasees bring a motion under Section 4.3(4) or 4.3(5) of this Settlement Agreement to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendants do not so move, the Plaintiffs and Class Counsel can Counsel:
(a) shall not oppose reasonable positions taken by the Settling Defendants or other Releasees;
(b) shall not consent to disclosure or production or an order granting similar relief;
(c) shall not disclose, produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not disclose the confidential Documents or information until the Settling Defendants’ such motion has been decided and all applicable appeal periods have expired, except, so as not unless otherwise ordered by a Court and subject to delay prosecution of the Proceedings, Class Counsel may: Section 4.3(6)(d); and
(id) may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances in writing that, until the motion brought by the Settling Defendants’ motion Defendants or other Releasees has been decided and all applicable appeal periods have expired, they will keep the Documents or information on an will remain with external counsel only basis for the Non- Settling Defendants and will only disclose such Documents or information be disclosed to independent expert(s) retained by a Party Non-Settling Defendant for the purposes of the Proceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessarynecessary and who agree in advance in writing to be bound by the same confidentiality and destruction obligations set out in Section 4 and Section 6.2(2)(d). An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedings, or a competitor of the Settling Defendants; and (ii) file such Documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendants whose confidential information is contained therein.
(3) In the event that a Person applies for an order requiring the Plaintiffs to disclose or produce any Documents or information provided by the Settling Defendants as cooperation under this Settlement Agreement, the Plaintiffs shall notify the Settling Defendants of such application promptly upon becoming aware of it and no later than ten (10) days after disclosure or production is sought, in order that the Settling Defendants may move to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or Documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, except: (i) to the extent such information or Documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; or (iii) in the event that the Person making the request is a Non-Settling Defendant, so as not to delay prosecution of the relevant Proceeding(s), Class Counsel may provide, on an interim basis, Documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that, until a final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or Documents, and all applicable appeal periods have expired, the Documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, Proceedings or a competitor of the Settling Defendants.
Appears in 1 contract
Samples: Class Action Settlement Agreement
