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client by the Parties' Primary Privilege in the same manner as if the exchange of <br /> Common Interest Information had not taken place. <br /> 4. A Party's disclosure of Common Interest Information exchanged pursuant to this <br /> Agreement shall not be deemed a waiver by the other Parties of their right to assert a claim of the <br /> Common Interest Privilege and attorney/client or work product privilege with respect to any <br /> Common Interest Information. <br /> 5. Because of the privileged nature of the Common Interest Information, no Party <br /> shall provide Common Interest Information to any non -Party or its representatives except as <br /> required by law or with the consent of the Party who first disclosed the Common Interest <br /> Information. <br /> 6. The Parties understand that the purpose of this Agreement is to facilitate common <br /> interest representation by increasing the information flow between the Parties. The Parties <br /> recognize, however, that under some circumstances, information known to one Party may not be <br /> shared with the other Parties to the Agreement. <br /> 7. Nothing in this Agreement is intended as, shall constitute, or shall be interpreted, <br /> construed or used as evidence of an admission by a Party of any wrongdoing, liability or fault <br /> (including comparative or proportionate fault), a waiver of any privilege, claim, right or defense, <br /> estoppel, or an admission as to any matter of law or fact, either as between the Parties or with <br /> respect to any person or entity not a party to this Agreement provided, however, that any Party <br /> shall be entitled to use this Agreement to enforce its terms. <br /> 8. Disclosure of information obtained from another Party by a Party's attorney to his <br /> or her client is made pursuant to this Agreement and is not a waiver of the Primary Privilege or <br /> the Common Interest Privilege. <br /> 9. If any person or entity not a Party to this Agreement requests or demands, by <br /> subpoena or otherwise, any Common Interest Information from any Party or from any Party's <br /> agent, officer, employee, consultant, or representative, such Party shall: (1) immediately notify <br /> the other Parties, and (2) assert the Common Interest Privilege with respect to the requested <br /> Commnon Interest Information. Each Party and each Party's respective attorney shall take all <br /> steps necessary to assert all applicable rights and Primary Privilege with respect to such <br /> Common Interest Information and shall cooperate fully with the other Parties in any judicial <br /> proceedings related to the disclosure of the Common Interest Information. <br /> 10. All previous privileged communications, and all Common Interest Information <br /> previously exchanged, between the Parties and their respective attorneys, officers, agents, <br /> employees, consultants, and representatives, are subject to this Agreement. <br /> 11. Neither the execution nor the performance of this Agreement shall result in the <br /> inability of any party to this Agreement to use any data contributed by it to the effort, any raw <br /> data generated under this Agreement, or any expert opinion which has been disclosed to other <br /> parties in this or other litigation, in other ongoing or subsequent litigation. <br /> Page 3 of 6 <br />