Privileged Work Product. (a) MCO acknowledges that HHSC asserts that privileged work product may be prepared in anticipation of litigation and that MCO is performing the Services with respect to privileged work product as an agent of HHSC, and that all matters related thereto are protected from disclosure by the Texas Rules of Civil Procedure, Texas Rules of Evidence, Federal Rules of Civil Procedure, or Federal Rules of Evidence.
(b) HHSC will notify MCO of any privileged work product to which MCO has or may have access. After the MCO is notified or otherwise becomes aware that such documents, data, database, or communications are privileged work product, only MCO personnel, for whom such access is necessary for the purposes of providing the Services, may have access to privileged work product.
(c) If MCO receives notice of any judicial or other proceeding seeking to obtain access to HHSC’s privileged work product, MCO will:
(1) Immediately notify HHSC; and
(2) Use all reasonable efforts to resist providing such access.
(d) If MCO resists disclosure of HHSC’s privileged work product in accordance with this Section, HHSC will, to the extent authorized under Civil Practices and Remedies Code or other applicable State law, have the right and duty to:
(1) Represent MCO in such resistance;
(2) Retain counsel to represent MCO; or
(3) Reimburse MCO for reasonable attorneys' fees and expenses incurred in resisting such access.
(e) If a court of competent jurisdiction orders MCO to produce documents, disclose data, or otherwise breach the confidentiality obligations imposed in the Contract, or otherwise with respect to maintaining the confidentiality, proprietary nature, and secrecy of privileged work product, MCO will not be liable for breach of such obligation.
Privileged Work Product. Work product considered privileged from discov- ery/disclosure under the Texas Rules of Civil Procedure, Texas Rules of Evidence, Federal Rules of Civil Procedure or Federal Rules of Evidence.
Privileged Work Product. (a) HMO acknowledges that HHSC asserts that privileged work product may be prepared in anticipation of litigation and that HMO is performing the Services with respect to privileged work product as an agent of HHSC, and that all matters related thereto are protected from disclosure by the Texas Rules of Civil Procedure, Texas Rules of Evidence, Federal Rules of Civil Procedure, or Federal Rules of Evidence.
(b) HHSC will notify HMO of any privileged work product to which HMO has or may have access. After the HMO is notified or otherwise becomes aware that such documents, data, database, or communications are privileged work product, only HMO personnel, for whom such access is necessary for the purposes of providing the Services, may have access to privileged work product.
(c) If HMO receives notice of any judicial or other proceeding seeking to obtain access to HHSC’s privileged work product, HMO will:
Privileged Work Product. MCO acknowledges that HHSC asserts that privileged work product may be prepared in anticipation of litigation and that MCO is performing the Services with respect to privileged work product as an agent of HHSC, and that all matters related thereto are protected from disclosure by the Texas Rules of Civil Procedure, Texas Rules of Evidence, Federal Rules of Civil Procedure, or Federal Rules of Evidence.
Privileged Work Product. HMO acknowledges that HHSC asserts that privileged work product may be prepared in anticipation of litigation and that HMO is performing the Services with respect to privileged work product as an agent of HHSC, and that all matters related thereto are protected from disclosure by the Texas Rules of Civil Procedure, Texas Rules of Evidence, Federal Rules of Civil Procedure, or Federal Rules of Evidence.
Privileged Work Product. 36 Section 11.06 Unauthorized acts...................................................................................................................37 Section 11.07 Legal action.............................................................................................................................37
Privileged Work Product. (a) The Dental Contractor acknowledges that HHSC asserts that privileged work product may be prepared in anticipation of litigation and that the Dental Contractor is performing the Services with respect to privileged work product as an agent of HHSC, and that all matters related thereto are protected from disclosure by the Texas Rules of Civil Procedure, Texas Rules of Evidence, Federal Rules of Civil Procedure, or Federal Rules of Evidence.
(b) HHSC will notify the Dental Contractor of any privileged work product to which the Dental Contractor has or may have access. After the Dental Contractor is notified or otherwise Dental Services for Texas Children’s Medicaid and Children’s Health Insurance Program Contract No. HHS0002879-00003 Attachment B – Dental Contract Terms and Conditions becomes aware that such documents, data, database, or communications are privileged work product, only the Dental Contractor personnel, for whom such access is necessary for the purposes of providing the Services, may have access to privileged work product.
(c) If the Dental Contractor receives notice of any judicial or other proceeding seeking to obtain access to HHSC’s privileged work product, the Dental Contractor must:
(1) Immediately notify HHSC; and
(2) Use all reasonable efforts to resist providing such access.
(d) If the Dental Contractor resists disclosure of HHSC’s privileged work product in accordance with this Section, HHSC will, to the extent authorized under Civil Practices and Remedies Code or other applicable State law, have the right and duty to:
(1) Represent the Dental Contractor in such resistance;
(2) To retain counsel to represent the Dental Contractor; or
(3) To reimburse the Dental Contractor for reasonable attorneys' fees and expenses incurred in resisting such access.
(e) If a court of competent jurisdiction orders the Dental Contractor to produce documents, disclose data, or otherwise Breach the confidentiality obligations imposed in the Contract, or otherwise with respect to maintaining the confidentiality, proprietary nature, and secrecy of privileged work product, the Dental Contractor will not be liable for Breach of such obligation.
