Common use of Release of Material Clause in Contracts

Release of Material. Any party (e.g. prosecutors, law enforcement agencies, defense counsel, plaintiff’s counsel, etc.) may attempt to subpoena Material from the Series, and in the event the requested Material exists, all such requests shall be treated equally without regard to the status of the requesting party (e.g. a request by the defense counsel shall receive the same consideration as a request from a prosecutor’s office). No representations or warranties are made hereunder that Material will be provided except if required by a final and binding court order from a court of competent jurisdiction. Under no circumstances should HCSO or its representatives construe this agreement as Producer serving as an extension of HCSO for the purpose of obtaining additional audio/visual evidence in any matter in which Producer is present. HCSO and Producer acknowledge that it is Producer’s policy that in the event a timely preservation notice is received by Producer via email (at the email address ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) prior to the end of the Retention Period, Producer will preserve Materials identified in such notice that may be in Producer’s possession as set forth hereunder. Such Materials shall be preserved pending receipt of a validly served and enforceable subpoena in the jurisdiction and under the laws of the state where the Materials are maintained, which the parties acknowledge and agree shall be in the State of New York and pursuant to New York state law, and thereafter shall be preserved in accordance with the requirements of the subpoena (as applicable). In the event Producer is not validly served or an enforceable subpoena is not received within six (6) months of such preservation notice, or unless prior to the expiration of the six (6) months, Producer receives a request to preserve the Materials for a greater period of time, Producer shall no longer be required to preserve such Materials. Nothing herein shall constitute a waiver of Producer’s right to object to the subpoena, whether on the basis of privilege or any other grounds.