Common use of Waiver of Privilege Clause in Contracts

Waiver of Privilege. The Department does not agree to withhold from disclosure any information described in this section whether or not it is contained in a Report. The Department will consider the submission, to the Department, of any of the information described below as a waiver of any privilege that may be provided by Part 148, thereby rendering the information subject to disclosure. a) Information that is part of a “baseline environmental assessment” as defined by Subsection 20101(d) of NREPA; MCL 324.20101(d) and is submitted to the Department for the purpose of receiving liability protection under Section 20126(l)(c) of NREPA; MCL 324.201126(l)(c). b) Information submitted to the Department for the purpose of obtaining an administrative determination or approval from the Department pursuant to law, regulation, order, or administrative agreement (e.g., submission of a remedial action plan and components thereof, or information regarding due care or liability). c) Information submitted to the Department for the purpose of receiving public financial assistance such as a grant or loan. d) Information in a voluntary disclosure made pursuant to Section 14809(l) of Part 148 that is necessary to make a showing that the conditions described in Section 14809(l)(a)-(d) are met, supporting a claim that the disclosure is voluntary. e) Information in a notice to the Department, submitted in accordance with Section 14809(7), from a facility planning to commence an environmental audit.

Waiver of Privilege. The Department does not agree to withhold from disclosure any information described in this section whether or not it is contained in a Report. The Department will consider the submission, to the Department, of any of the information described below as a waiver of any privilege that may be provided by Part 148, thereby rendering the information subject to disclosure. a) Information that is part of a “baseline environmental assessment” as defined by Subsection 20101(d) of NREPA; MCL 324.20101(d) and is submitted to the Department for the purpose of receiving liability protection under Section 20126(l)(c) of NREPA; MCL 324.201126(l)(c). b) Information submitted to the Department for the purpose of obtaining an administrative determination or approval from the Department pursuant to law, regulation, order, or administrative agreement (e.g., submission of a remedial action plan and components thereof, or information regarding due care or liability). c) Information submitted to the Department for the purpose of receiving public financial assistance such as a grant or loan. d) Information in a voluntary disclosure made pursuant to Section 14809(l) of Part 148 that is necessary to make a showing that the conditions described in Section 14809(l)(a)-(d) are met, supporting a claim that the disclosure is voluntary. e) Information in a notice to the Department, submitted in accordance with Section 14809(7), from a facility planning to commence an environmental audit.. EQP 3461 (Rev. 12/05)

Waiver of Privilege. The Department does not agree to withhold from disclosure any information described in this section whether or not it is contained in a Report. The Department will consider the submission, to the Department, of any of the information described below as a waiver of any privilege that may be provided by Part 148, thereby rendering the information subject to disclosure. a) Information that is part of a “baseline environmental assessment” as defined by Subsection 20101(d) of NREPA; MCL 324.20101(d) and is submitted to the Department for the purpose of receiving liability protection under Section 20126(l)(c) of NREPA; MCL 324.201126(l)(c). b) Information submitted to the Department for the purpose of obtaining an administrative determination or approval from the Department pursuant to law, regulation, order, or administrative agreement (e.g., submission of a remedial action plan and components thereof, or information regarding due care or liability). c) Information submitted to the Department for the purpose of receiving public financial assistance such as a grant or loan. d) Information in a voluntary disclosure made pursuant to Section 14809(l) of Part 148 that is necessary to make a showing that the conditions described in Section 14809(l)(a)-(d) are met, supporting a claim that the disclosure is voluntary. e) Information in a notice to the Department, submitted in accordance with Section 14809(7), from a facility planning to commence an environmental audit.. EQP 3461 (Rev. 9/12)