ATTORNEY-CLIENT PRIVILEGED & CONFIDENTIAL COMMON INTEREST COMMUNICATION & WORK PRODUCT
THEREFORE, in order to accomplish the goals set forth above and in order to memorialize their understanding and for good and valuable consideration including without limitation the exchange of promises set forth herein, the receipt and adequacy of which is hereby expressly acknowledged, THE MEMBERS AGREE AS FOLLOWS: 1) Each Member represents that their representative or designee (including but not limited to their respective legal counsel who may serve as an authorized designee) is fully authorized to execute and enter into and implement the terms and conditions of this Agreement on behalf of the Member. By signing this Agreement on behalf of a Member, the Member, or designee, certifies that the Member has received legal guidance from its counsel with regard to the terms and conditions of this Agreement, and agrees to abide by its terms. 2) The Members may, but are not required to, share and exchange information relevant to the Litigation (whether through Members’ legal counsel or otherwise), including but not limited to the following categories of information: (a) information concerning the facts and circumstances of the Litigation; (b) facts regarding the identification and description of materials relevant to the Litigation; (c) information and materials obtained as a result of interviews and meetings with witnesses, experts, or investigators, including meetings between counsel and his/her respective client(s); (d) legal strategies and objectives relating to the Litigation; and (e) legal research, analysis, or opinions. 3) All information, documents, or materials which a Member receives from another Member concerning efforts related to the Litigation, and all communications between or among any of the Members related thereto (collectively, “Confidential Information”) shall be confidential and protected from disclosure to any third party by the common interest doctrine and other related privileges, including the litigation work product privilege. Specifically, and without limitation Confidential Information includes: conversations, correspondence, documents, memoranda, reports or summaries, and other forms of work- product, exchanged between or shared among the Members; memoranda of witness interviews; privileged communications including client debriefings; legal memoranda; and reports of experts, consultants, investigators or other persons employed or utilized by any Member. 4) All work performed by the Members’ respective counsel or their firms with regard to their representations in this Litigation and communicated among them in connection with the Litigation shall be accomplished pursuant to the common interest doctrine and related privileges. 5) To the extent the Members have already been in communication with one another about matters related to the Litigation, their communications and work product have been and are subject to the common interest doctrine and now are subject to this written Agreement. 6) The Members agree that Confidential Information shall be protected against disclosure to any person not a Member of the Common Interest Group to the maximum extent permitted under law. Confidential Information obtained by any Member of the Common Interest Group pursuant to this Agreement shall not be disclosed to any third party ( i.e. , a
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