ATTORNEY-CLIENT PRIVILEGED & CONFIDENTIAL COMMON INTEREST COMMUNICATION & WORK PRODUCT
COMMON INTEREST AND CONFIDENTIALITY AGREEMENT This Common Interest and Confidentiality Agreement (the “Agreement”) is entered into by and among the Yuhaaviatam of San Manuel Nation (“YSMN”), ______, and Indian Gaming Association (IGA)______ (collectively, “Members” or the “Common Interest Group”), through execution of this Agreement on behalf of Members by their authorized representative or designee below in connection with anticipated litigation related to unlawful gambling through event futures contracts (the “Litigation”). The term “Members” shall include their respective legal counsel, thereby equally binding legal counsel representing Members’ interests in connection with the Litigation. PREAMBLE WHEREAS, the Members believe and agree that they have ongoing common legal interests arising from the Litigation as well as the issues raised therein, and also share a common interest in evaluating, understanding, developing, and presenting the facts and circumstances surrounding the Litigation. Accordingly, the Members wish to take every lawful, ethical and proper step to share and exchange information, strategies, legal theories, confidences, information, and documents; WHEREAS, the Members intend to memorialize their historical and ongoing understanding of their common interest in the Litigation and the issues addressed by it, and wish to allow their respective legal counsel to work cooperatively to pursue their common interest in pursuing the Litigation; WHEREAS, the Members believe that sharing confidential and privileged information and documents amongst their respective legal counsel will be mutually beneficial in pursuit of their common interests and objectives, without waiving any applicable privilege or work product protection or allowing any confidential information to be disclosed to third parties; WHEREAS, nothing in this Agreement itself is intended to or does create an attorney- client relationship or any other fiduciary relationship between the Members and their respective counsel and each Member expressly disclaims that any such relationship is being created by virtue of this Agreement; WHEREAS, nothing in this Agreement is intended or will be construed as an acceptance or renouncement of any liability by any Member with respect to the Litigation or any other matter; and WHEREAS, this Agreement also confirms the oral understanding in effect among the Members hereto that, to the extent they have already communicated with one another about matters within the scope of the Litigation, such communications and work product, if any, were and are intended to be confidential and subject to the common interest doctrine, and further confirms that such communications of privileged information have been and are subject to the provisions of this Agreement.
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