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information contains no privileged or protected information obtained directly or indirectly <br />from another Party; <br />e) is approved for release by written authorization of the Parties; or <br />f) is required to be disclosed pursuant to any applicable statute, law, rule or <br />order of any governmental authority or pursuant to any order of any court of competent <br />jurisdiction. <br />5. Protected Communications. The Privileged Information addressed herein <br />represents communications subject to the joint attorney work -product privilege and/or the <br />attorney -client privilege and/or the joint defense doctrine and/or the common interest doctrine <br />and/or trade secret privilege as defined by California law (collectively, "Joint Defense <br />Communications"). If used by a Party hereunder for purposes other than internal evaluation of <br />legal issues related to the Litigation, such use would unfairly prejudice and irreparably harm the <br />rights and interests of all the Parties. Each of the Parties and counsel agree that any Joint Defense <br />Communications they receive from any other Party or its representatives shall be treated and <br />maintained as privileged and confidential communications. Execution of this Agreement <br />constitutes mutual agreement that any consultations among the Parties and their respective counsel, <br />and any sharing or pooling of work product or other confidential documents, are reasonably <br />necessary for the accomplishment of the purpose for which the Parties' counsel have been <br />consulted and retained. The Parties agree that any consultations among them or their counsel, and <br />any sharing or pooling of work product or other confidential documents, are in reliance on the joint <br />litigants' privilege. The Parties further agree that the joint litigants' privilege as it relates to the <br />consultations, information, data and other documents covered by this Agreement may not be <br />waived except with the consent of the Parties. <br />6. Third -Party Claims of Waiver. Should any third party claim that an otherwise <br />applicable privilege has been waived as a result of any exchange or disclosure of Privileged <br />Information made pursuant to this Agreement, the Parties agree to join in defending such claim of <br />privilege or protection. <br />7. Disclosure Requirements. If a Party or its Qualified Persons become subject to <br />a bona fide requirement by law, regulation, deposition questions, interrogatories, Public Records <br />Act request, Freedom of Information Act request, other type of request for information or <br />documents, subpoena, civil investigative demand or similar process (collectively, a <br />"Requirement") to disclose any Privileged Information, such Party (i) will, prior to producing any <br />Privileged Information, promptly notify all other Parties of the existence, terms and circumstances <br />of such Requirement(s) so that any other Party may seek an appropriate protective order, and (ii) <br />will cause its Qualified Persons to cooperate fully with any other Party in seeking a protective <br />order. If a Party subject to a Requirement, who has complied with the notification and cooperation <br />obligations described in the preceding sentence, is compelled, in the opinion of its legal counsel, <br />to disclose Privileged Information or else stand liable for contempt or other substantial penalty, <br />such Party will furnish only that portion of the Privileged Information which is legally required <br />pursuant to the terms of such Requirement as modified by any protective order. <br />Page 5 of I <br />