Common use of Privileged Work Product Clause in Contracts

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. (a) MCO HMO acknowledges that HHSC asserts that privileged work product may be prepared in anticipation of litigation and that MCO 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 MCO HMO of any privileged work product to which MCO HMO has or may have access. After the MCO HMO is notified or otherwise becomes aware that such documents, data, database, or communications are privileged work product, only MCO HMO personnel, for whom such access is necessary for the purposes of providing the Services, may have access to privileged work product. (c) If MCO HMO receives notice of any judicial or other proceeding seeking to obtain access to HHSC’s privileged work product, MCO HMO will: (1) Immediately notify HHSC; and (2) Use all reasonable efforts to resist providing such access. (d) If MCO HMO 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 represent HMO in such resistance; (2) Retain to retain counsel to represent MCOHMO; or (3) Reimburse MCO to reimburse HMO for reasonable attorneys' fees and expenses incurred in resisting such access. (e) If a court of competent jurisdiction orders MCO HMO 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 HMO will not be liable for breach of such obligation.

Privileged Work Product. (a) MCO CONTRACTOR acknowledges that HHSC asserts that privileged work product material may be prepared in anticipation of litigation and that MCO CONTRACTOR is performing the Services with respect to privileged work product of such material as an agent of HHSC, and that all matters matter related thereto are ("Privileged Work Product") is 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 CONTRACTOR of any privileged work product Privileged Work Product to which MCO CONTRACTOR has or may have access. After the MCO CONTRACTOR is notified or otherwise becomes aware that such documents, data, database, or communications are privileged work productPrivileged Work Product, only MCO personnel, CONTRACTOR personnel for whom such access is necessary for the purposes of providing the Services, Services may have access to privileged work productPrivileged Work Product. (c) If MCO CONTRACTOR receives notice of any judicial or other proceeding seeking to obtain access to HHSC’s privileged work productPrivileged Work Product, MCO CONTRACTOR will: (1) Immediately notify HHSC; and (2) Use all reasonable efforts to resist providing such access. (d) If MCO CONTRACTOR resists disclosure of HHSC’s privileged work product 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 to represent CONTRACTOR in such resistance; (2) Retain resistance or to retain counsel to so represent MCO; or (3) Reimburse MCO CONTRACTOR or to reimburse CONTRACTOR for reasonable attorneys' fees and expenses incurred in resisting such access. (e) If a court of competent jurisdiction orders MCO CONTRACTOR to produce documents, disclose data, or otherwise breach the confidentiality obligations imposed in the ContractAgreement, or otherwise with respect to maintaining the confidentiality, proprietary nature, and secrecy of privileged work productPrivileged Work Product, MCO CONTRACTOR will not be liable for breach of such obligation.

Privileged Work Product. (a) MCO CONTRACTOR acknowledges that HHSC asserts that privileged work product Privileged Work Product may be prepared in anticipation of litigation and that MCO CONTRACTOR is performing the Services with respect to privileged work product Privileged Work Product as an agent of HHSC, and that all matters matter related thereto are is 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 CONTRACTOR of any privileged work product Privileged Work Product to which MCO CONTRACTOR has or may have access. After the MCO CONTRACTOR is notified or otherwise becomes aware that such documents, data, database, or communications are privileged work productPrivileged Work Product, only MCO personnel, CONTRACTOR personnel for whom such access is necessary for the purposes of providing the Services, Services may have access to privileged work productPrivileged Work Product. (c) If MCO CONTRACTOR receives notice of any judicial or other proceeding seeking to obtain access to HHSC’s privileged work productPrivileged Work Product, MCO CONTRACTOR will: (1) Immediately notify HHSC; and (2) Use all reasonable efforts to resist providing such access. (d) If MCO CONTRACTOR resists disclosure of HHSC’s privileged work product 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: (1i) Represent MCO to represent CONTRACTOR in such resistance; ; (2ii) Retain to retain counsel to so represent MCOCONTRACTOR; or or (3iii) Reimburse MCO to reimburse CONTRACTOR for reasonable attorneys' fees and expenses incurred in resisting such access. HHSC will make the sole determination as to which of the preceding duties it will undertake. (e) If a court of competent jurisdiction orders MCO CONTRACTOR to produce documents, disclose data, or otherwise breach the Contractor's confidentiality obligations imposed in the Contract, or otherwise with respect to maintaining maintenance obligations regarding the confidentiality, proprietary nature, and secrecy of privileged work productPrivileged Work Product, MCO CONTRACTOR will not be liable for breach of such obligation.

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 . All matters related thereto to this performance of Services 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 these documents, data, databasedatabases, 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 state law, have the right and duty to: (1) Represent represent MCO in such the resistance;; or (2) Retain to 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 breach the Contract with respect to maintaining the confidentiality, proprietary nature, and secrecy of privileged work product, MCO will not be liable for a Contract breach of such obligationwhen ordered to do so by the court.

Privileged Work Product. (a) MCO HMO acknowledges that HHSC asserts that privileged work product may be prepared in anticipation of litigation and that MCO 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 MCO HMO of any privileged work product to which MCO HMO has or may have access. After the MCO HMO is notified or otherwise becomes aware that such documents, data, database, or communications are privileged work product, only MCO HMO personnel, for whom such access is necessary for the purposes of providing the Services, may have access to privileged work product. (c) If MCO HMO receives notice of any judicial or other proceeding seeking to obtain access to HHSC’s privileged work product, MCO HMO will: (1) Immediately notify HHSC; and (2) Use all reasonable efforts to resist providing such access. (d) If MCO HMO 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 represent HMO in such resistance;; Responsible Office: HHSC Office of General Counsel (OGC) Subject: Attachment A — HHSC Uniform Managed Care Contract Terms & Conditions Version 1.0 (2) Retain to retain counsel to represent MCOHMO; or (3) Reimburse MCO to reimburse HMO for reasonable attorneys' ’ fees and expenses incurred in resisting such access. (e) If a court of competent jurisdiction orders MCO HMO 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 HMO will not be liable for breach of such obligation.

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 . All matters related thereto to this performance of Services 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 these documents, data, databasedatabases, 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 state law, have the right and duty to: (1) Represent represent MCO in such the resistance;; or (2) Retain to 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 breach the Contract with respect to maintaining the confidentiality, proprietary nature, and secrecy of privileged work product, MCO will not be liable for a Contract breach of such obligationwhen ordered to do so by the court.

Privileged Work Product. (a) MCO CONTRACTOR acknowledges that HHSC asserts that privileged work product Privileged Work Product may be prepared in anticipation of litigation and that MCO CONTRACTOR is performing the Services with respect to privileged work product of Privileged Work Product as an agent of HHSC, and that all matters matter related thereto are is 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 CONTRACTOR of any privileged work product Privileged Work Product to which MCO CONTRACTOR has or may have access. After the MCO CONTRACTOR is notified or otherwise becomes aware that such documents, data, database, or communications are privileged work productPrivileged Work Product, only MCO personnel, CONTRACTOR personnel for whom such access is necessary for the purposes of providing the Services, Services may have access to privileged work productPrivileged Work Product. (c) If MCO CONTRACTOR receives notice of any judicial or other proceeding seeking to obtain access to HHSC’s privileged work productPrivileged Work Product, MCO CONTRACTOR will: (1) Immediately notify HHSC; and (2) Use all reasonable efforts to resist providing such access. (d) If MCO CONTRACTOR resists disclosure of HHSC’s privileged work product 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 to represent CONTRACTOR in such resistance; (2) Retain resistance or to retain counsel to so represent MCO; or (3) Reimburse MCO CONTRACTOR or to reimburse CONTRACTOR for reasonable attorneys' fees and expenses incurred in resisting such access. (e) If a court of competent jurisdiction orders MCO CONTRACTOR to produce documents, disclose data, or otherwise breach the confidentiality obligations imposed in the ContractAgreement, or otherwise with respect to maintaining the confidentiality, proprietary nature, and secrecy of privileged work productPrivileged Work Product, MCO CONTRACTOR will not be liable for breach of such obligation.