Extract to table

Because the present matter is at the agency level and no federal court action is currently pending, no court order is being sought at this time; however, the parties intend that this Agreement shall provide protections functionally equivalent to those afforded by a court order entered pursuant to FRE 502(d)

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION 1 — DEFINITIONS As used in this Agreement, the following terms shall have the meanings set forth below: 1

1 apply even in the event that the Producing Parties fail to take reasonable steps to prevent the Inadvertent Production or fail to promptly rectify the error upon discovery, it being the intent of the parties that no Inadvertent Production under this Agreement shall result in waiver under any circumstances

231-0487, the Producing Parties shall promptly notify the Receiving Party in writing of the Inadvertent Production

The Producing Parties shall use reasonable efforts to provide Clawback Notices as promptly as practicable upon discovery of any Inadvertent Production, but the failure to provide prompt notice shall not affect the non-waiver protections set forth in Section 2 of this Agreement

Upon receipt of a Clawback Notice from the Producing Parties, the Receiving Party shall comply with the following obligations: (a) Return, Sequester, or Destroy