Common use of Cooperation and Communication Clause in Contracts

Cooperation and Communication. During the preparation and pendency of any proceeding taken or instituted by a party under this ARTICLE, the instituting party shall cooperate with the other party by: (a) keeping the other party reasonably informed as to the status of such proceeding including providing copies of all documents filed in, and written communications relating to, such proceeding to the extent the interest of RCT and Orphan are not adverse; (b) consulting with the other party regarding the strategy for, and status of, such proceeding, including providing the other party with an opportunity to make suggestions and comments regarding such proceeding. Any of the foregoing obligations shall be subject to each party's desire or need to preserve any attorney-client privilege, or work-product privilege, which shall take precedence.

Cooperation and Communication. During the preparation and pendency of any proceeding taken or instituted by a party under this ARTICLE, the instituting party shall cooperate with the other party by: (a) keeping the other party reasonably informed as to the status of such proceeding including providing copies of all documents filed in, and written communications relating to, such proceeding to the extent the interest of RCT LICENSOR and Orphan LICENSEE are not adverse; (b) consulting with the other party regarding the strategy for, and status of, such proceeding, including providing the other party with an opportunity to make suggestions and comments regarding such proceeding. Any of the foregoing obligations shall be subject to each party's desire or need to preserve any attorney-client privilege, or work-product privilege, which shall take precedence.