R2007-95 AUTHORIZING AGREEMENT - Laserfiche WebLink

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recognition of the likelihood of litigation to challenge such actions, counsel for the Parties have concluded that their respective clients have a mutuality of interest in a joint defense and confidential sharing of privileged information in connection with litigation as may be brought against the Parties by Cable Company. The Parties have common interests with respect to many of the significant issues related to expected litigation by Cable Company, and the Parties have concluded that their participation in the information sharing arrangements will best enable them to defend their respective interests and to respond properly to any future claims that may be asserted against them, and that such participation is reasonably necessary for accomplishrnent of the purpose of otherwise privileged communications. The Parties do not intend to waive any evidentiary privileges or any claims or defenses by their actions or communications in furtherance of these arrangements. Rather, they intend to share otherwise protected and privileged information without loss of evidentiary privileges pursuant to the joint defense or common interest doctrine. (A) To further their mutual interests, the undersigned Parties agree: (1) To share information, documents and other communications protected from disclosure by the attorney-client privilege, the work-product rights of the Parties and their respective attorneys, the "common interest" doctrine, the "joint defense" doctrine, the "pooled interest" doctrine, the self-critical analysis privilege, and any other privilege or immunity from discovery, or otherwise confidential and/or proprietary to a Party or its attorneys. (2) To facilitate discussions between counsel for the Parties concerning strategy, tactics and other issues, which shall be conclusively presumed to be attorney-thought processes and mental impressions I and attorney work product protected by this Agreement and the work � product doctrine. (3) To share and exchange directly between themselves at the direction of their respective counsel, and to share and exchange between themselves and their counsel, consultants and any testifying experts who may be retained by them, Information for the limited and restricted purpose of assisting the Parties and their counsel in defending and resolving a potential Cable Company Claim or bringing and resolving a potential Municipal Claim described in Section II below, while protecting their respective interests and not otherwise authorizing or permitting any other publication or use of the Information. (4) Not to reveal to any third party including, without limitation, any person or entity with whom either of the Parties have entered into a separate work product or information exchange agreement, the Information (or any part thereof) without the prior written consent of the other Party (or their counsel) who contributed or caused the same to be disclosed pursuant to this Agreement. 3