Common use of Declarations and Affidavits Clause in Contracts

Declarations and Affidavits. a. Subject to a protective order entered by the Court and subject to good cause, Barclays shall use its reasonable best efforts to make available up to ten (10) current Barclays employees designated by OTC Plaintiffs’ Counsel for the preparation of declarations and/or affidavits throughout the duration of this Action or any action related to any Released Claims. Notwithstanding the foregoing, Plaintiffs need not demonstrate good cause for declarations and/or affidavits to be used in connection with class certification. b. At OTC Plaintiffs’ Counsel’s request and for good cause, Barclays will meet and confer regarding no more than ten (10) additional individuals. c. Barclays will also use its reasonable best efforts to make current Barclays employees available to provide declarations, certifications, or affidavits regarding the authentication of documents, including their certification as records of a regularly conducted activity pursuant to Federal Rule of Evidence 803(6) (such declarations, certifications, and/or affidavits shall not count towards those permitted pursuant to (a) or (b) above).