Retention of Privilege Sample Clauses

Retention of Privilege. Nothing in this Settlement Agreement, or the negotiations relating thereto, is intended to or shall be deemed to constitute a waiver of any applicable privilege or immunity, including, without limitation, attorney-client privilege, joint defense privilege, or work product protection.

Retention of Privilege. Purchaser, for itself, and following the Closing on behalf of the Purchased Companies, hereby agrees that as to all communications (whether before, at or after the Closing) between Xxxxx Day and any Designated Person that relate in any way to the Current Representation, the attorney-client privilege and all rights to any other evidentiary privilege, and the protections afforded to information relating to representation of a client under applicable rules of professional conduct, belong to such Designated Person and may be controlled by such Designated Person and shall not pass to or be claimed by Purchaser or the Purchased Companies. Without limiting the foregoing, notwithstanding any policy of Purchaser or the Purchased Companies or any agreement between a Purchased Company and any Designated Person or any Representative of any Designated Person or a Purchased Company, whether established or entered into before, at or after the Closing, neither Purchaser nor any Purchased Company may review or use for any purpose without such Designated Person’s written consent, or seek to compel disclosure to Purchaser or any Purchased Company (or any of their Representatives) any communication or information (whether written, oral, electronic or in any other medium) described in the previous sentence.

Retention of Privilege. Parent and the Company hereby agree that, and each agrees to cause each Company Entity to agree that, as to all communications (whether before, at or after the Closing) between Schiff and any Designated Person that relate in any way to the Current Representation, the attorney-client privilege and all rights to any other evidentiary privilege, and the protections afforded to information relating to representation of a client under applicable rules of professional conduct, belong to such Designated Person and may be controlled by such Designated Person and shall not pass to or be claimed by Parent or any Company Entity. Without limiting the foregoing, notwithstanding any policy of Parent or any Company Entity or any agreement between any Company Entity and any Designated Person or any Representative of any Designated Person or any Company Entity, whether established or entered into before, at or after the Closing, neither Parent nor any Company Entity may review or use for any purpose without such Designated Person’s written consent, or seek to compel disclosure to Parent or any Company Entity (or any of their representatives) any communication or information (whether written, oral, electronic or in any other medium) described in the previous sentence.

Retention of Privilege. Buyer, for itself, and following the Closing on behalf of the Company, hereby agrees that as to all attorney-client privileged communications (whether before, at or after the Closing) between Xxxxx & Xxxxxxxxx LLP, on the one hand, and any Designated Person, on the other hand, the attorney-client privilege and all rights to any other evidentiary privilege, and the protections afforded to information relating to representation of a client under applicable rules of professional conduct, that relate in any way to the Current Representation, belong to such Designated Person and may be controlled by such Designated Person and shall not pass to or be claimed by Buyer or the Company. Without limiting the foregoing, notwithstanding any policy of Buyer or the Company or any agreement between the Company and any Designated Person or any Representative of any Designated Person or the Company, whether established or entered into before, at or after the Closing, neither Buyer nor the Company may review or use for any purpose without such Designated Person’s written consent, or seek to compel disclosure to Buyer or the Company (or any of their Representatives), any communication or information (whether written, oral, electronic or in any other medium) described in the previous sentence; provided, however, that the Buyer and the Company may assert such privilege in connection with any Proceeding against a third party. In the event that a dispute or investigation or audit arises after the Closing between Buyer or the Company, on the one hand, and a third party, on the other hand, or otherwise does not involve a dispute between Buyer and Company Seller or any Designated Person, Buyer and the Company shall notify Company Seller if Buyer or the Company requires access to any privileged or protected pre-Closing communications in order to assist in Buyer or Company’s response to, conduct of, or defense of the third-party claim, investigation, or audit, and such access shall not unreasonably be refused. Nothing herein shall prevent Buyer and/or the Company from requesting, using or accessing all communications between or among Xxxxx & Xxxxxxxxx LLP and the Company, Company Seller and/or any Designated Person in connection with any claim arising under or in connection with this Agreement or the transactions contemplated thereby or otherwise, in each case so long as such communications are not subject to the attorney-client privilege or other applicable protection referred to in ...

Retention of Privilege. The Buyer hereby agrees that, and agrees to cause the Company following the Closing to agree that, as to all communications (whether before, at or after the Closing) between the Firm and any Designated Person that relate in any way to the Current Representation, the attorney-client privilege and all rights to any other evidentiary privilege, and the protections afforded to information relating to representation of a client under applicable rules of professional conduct, belong to such Designated Person and may be controlled by such Designated Person and shall not pass to or be claimed by the Buyer or, following the Closing, by the Company. Without limiting the foregoing, notwithstanding any policy of the Buyer or the Company or any agreement between the Company and any Designated Person or any Representative of any Designated Person or the Company, whether established or entered into before, at or after the Closing, neither the Buyer nor the Company may, following the Closing, seek to compel disclosure to the Buyer or the Company (or any of their Representatives) any communication or information (whether written, oral, electronic or in any other medium) described in the previous sentence. Notwithstanding the foregoing, in the event that a dispute arises between Buyer, the Sellers, and a Person other than a party to this Agreement after the Closing, the Company may assert the attorney-client privilege to prevent disclosure to such third-party of confidential communications by Firm to the Company or the Sellers; provided, however, that the Company may not waive such privilege without the prior written consent of the Sellers Representative.

Retention of Privilege. Buyer and the Company hereby agree that as to all communications (whether before, at or after the Closing) between Schiff and any Designated Person that relate in any way to the Current Representation, the attorney-client privilege and all rights to any other evidentiary privilege, and the protections afforded to information relating to representation of a client under applicable rules of professional conduct, belong to such Designated Person and may be controlled by such Designated Person and shall not pass to or be claimed by Buyer or the Company. Without limiting the foregoing, notwithstanding any policy of Buyer or the Company or any agreement between the Company and any Designated Person or any Representative of any Designated Person or the Company, whether established or entered into before, at or after the Closing, neither Buyer nor the Company may review or use for any purpose without such Designated Person's written consent, or seek to compel disclosure to Buyer or the Company (or any of their Representatives) any communication or information (whether written, oral, electronic or in any other medium) described in the previous sentence.

Retention of Privilege. Purchaser and Purchaser Guarantor hereby agree that as to all communications (whether before, at or after the Closing) between Xxxxx & Xxxxxxxxx LLP and any Designated Person that relate in any way to the Current Representation, the attorney-client privilege and all rights to any other evidentiary privilege, and the protections afforded to information relating to representation of a client under applicable rules of professional conduct, belong to such Designated Person and may be controlled by such Designated Person and shall not pass to or be claimed by Purchaser or Purchaser Guarantor. Without limiting the foregoing, notwithstanding any policy of Purchaser or Purchaser Guarantor or any agreement between a Group Company and any Designated Person or any Representative of any Designated Person or a Group Company, whether established or entered into before, at or after the Closing, neither Purchaser nor Purchaser Guarantor may review or use for any purpose without such Designated Person’s written consent, or seek to compel disclosure to Purchaser or Purchaser Guarantor (or any of their Representatives), any communication or information (whether written, oral, electronic or in any other medium) described in the previous sentence.

Retention of Privilege. Buyer and the Company hereby agree that, and each agrees to cause each other Group Company to agree that, as to all communications which predate the Closing between AFS and any Designated Person that relate in any way to the Current Representation (“AFS Client Communications”), the attorney-client privilege and all rights to any other evidentiary privilege, and the protections afforded to such AFS Client Communications under applicable rules of professional conduct, belong to such Designated Person and may be controlled by such Designated Person and shall not pass to or be claimed by Buyer or any Group Company. Without limiting the foregoing, the Buyer agrees not to, and, following the Closing, agrees to cause each other Group Company to agree not to, review or use for any purpose without such Designated Person’s written consent, or seek to compel disclosure to Buyer or any Group Company (or any of their Representatives) any AFS Client Communications (whether written, oral, electronic or in any other medium).

Retention of Privilege. Buyer and the Company hereby agree that, and each agrees to cause each Group Company to agree that, as to all communications (whether before, at or after the Closing) between Schiff and any Designated Person that relate in any way to the Current Representation, the attorney-client privilege and all rights to any other evidentiary privilege, and the protections afforded to information relating to representation of a client under applicable rules of professional conduct, belong to such Designated Person and may be controlled by such Designated Person and shall not pass to or be claimed by Buyer or any Group Company. Without limiting the foregoing, notwithstanding any policy of Buyer or any Group Company or any agreement between any Group Company and any Designated Person or any Representative of any Designated Person or any Group Company, whether established or entered into before, at or after the Closing, neither Buyer nor any Group Company may use for any purpose in connection with any Action adverse to a Designated Person, without such Designated Person’s written consent, or seek to compel disclosure to Buyer or any Group Company (or any of their Representatives) any communication or information (whether written, oral, electronic or in any other medium) described in the previous sentence, in each case, unless privilege has otherwise been waived with respect to such communication or information.

Retention of Privilege. Parent and the Company hereby agree that as to all communications (whether before, at or after the Closing) between Xxxxxxx and any Designated Person that relate in any way to the Current Representation, the attorney-client privilege and all rights to any other evidentiary privilege, and the protections afforded to information relating to representation of a client under applicable rules of professional conduct, belong to such Designated Person and may be controlled by such Designated Person and shall not pass to or be claimed by Parent or the Company.