Resolution 2011-05 - Laserfiche WebLink

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i. Exchange of information beneficial to development and construction of the Windy Gap Finning Project and prosecution or defense of legal actions regarding the Windy Gap Firming Project. ii. Sharing of labor in connection with research, investigation, expert analysis and opinions, in an attempt to avoid duplicated efforts and expenses. iii. Reduction of legal fees, engineering fees, and other costs related to the Windy Gap Firming Project. AGREEMENT 1. The Parties have engaged the services of various attorneys, law firms, engineers and consultants with respect to the Windy Gap Finning Project. 2. All work performed by, and all communications between, the Parties and their officers, employees, attorneys, law firms, engineers, consultants and consulting firms with respect to the development analysis, and prosecution of the Windy Gap Firming Project shall be conducted and perceived pursuant: to the joint defense doctrine recognized in such cases as Black v. Southwestern Water Conservation District, 74 P.3d 462 (Colo. 2003); and Gordon v. Boyles, 9 P.3d 1106 (Colo. 2000), and subject to the privilege therein described "Common Interest Privilege 3. The Parties may make available to each other privileged information and communications, both oral and written, including but not limited to, past and future, notes, reports, documents, memoranda, research, discussions among the Parties or then attorneys or consultants, at meetings, conferences or on telephones to investigate or to pursue a joint defense to any potential litigation or to litigation that commences; written or electronic communications between the Parties or their attorneys or consultants to investigate or to pursue a joint defense to any potential litigation or to litigation that commences; reports; analyses prepared by the Parties or their attorneys or consultants for any potential litigation or for any litigation that commences; and written and oral communications to or from the Parties and their attorneys or consultants, all in connection with the Windy Gap Finning Project or the Windy Gap Project relating to the respective representations of the Parties, "Common Interest Information The Common Interest Information may reflect and incorporate confidential communications made by the Parties to their attorney and by their attorney to them, which are protected by the attorney /client privilege, work product doctrine, or other applicable privilege from disclosure to others "Primary Privilege It is the intent of this Agreement to ensure that the exchange of Common Interest Information among the Parties, shall not, in and of itself, result in any waiver or termination of the Primary Privilege because of the Parties' common interest in, and joint defense of, the Windy Gap :Firming Project and to preserve any privilege applicable to the Common Interest Information while pursuing the Parties' common interest and to keep all Common Interest Information confidential to the maximum extent allowed by law. Informatiion obtained by the Parties as a result of exchanging Common Interest Information is protected from disclosure to any third party or non Page 2 of 6