Privileged Material. To the extent that any Confidential Information includes material subject to the attorney-client privilege, work product doctrine or any other applicable privilege, the parties understand and agree that they have a commonality of interest with respect to such matters and it is their desire, intention and mutual understanding that the sharing of such material is not intended to, and shall not, waive or diminish in any way the confidentiality of such material or its continued protection under the attorney-client privilege, work product doctrine or other applicable privilege. Nothing in his Agreement shall be construed to obligate any party to reveal material subject to the attorney-client privilege, work product doctrine or any other applicable privilege.
Privileged Material. The Contractor acknowledges that certain of the Company’s books, records and information representing or containing Confidential Information to which the Contractor may be given access are books, records and information to which solicitor-client privilege and/or litigation privilege (collectively, “Privilege”) attaches. Except where the Confidential Information so indicates on its face, the Company shall be required to identify to the Contractor which Confidential Information is subject to Privilege (collectively, “Privileged Material”). The Contractor recognizes and acknowledges that the Company has a material interest in the preservation of Privilege in respect of Privileged Material. The Contractor agrees (acting on its own behalf and as agent for its Affiliates) that:
Privileged Material. Nothing in this Agreement obligates either Party to reveal material subject to the attorney-client privilege, work product doctrine or any other applicable privilege. However, to the extent that any Confidential Information may include material subject to the attorney-client privilege, work product doctrine or any other applicable privilege concerning pending or threatened legal proceedings or governmental investigations, the Parties understand and agree that they have a commonality of interest with respect to such matters and it is their desire, intention and mutual understanding that the sharing, whether inadvertent or intentional, of such material is not intended to, and shall not, waive or diminish in any way the confidentiality of such material or its continued protection under the attorney-client privilege, work product doctrine or other applicable privilege. All Confidential Information provided by either Party that is entitled to protection under the attorney-client privilege, work product doctrine or other applicable privilege shall remain entitled to such protection under these privileges, this Agreement, and under the joint defense doctrine.
