Common use of ▇▇▇▇▇▇ and Timing of Designations Clause in Contracts

▇▇▇▇▇▇ and Timing of Designations. Except as otherwise provided in this Stipulated Protective Order (see, e.g., Section 7.2(b) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Stipulated Protective Order must be clearly so designated before the material is disclosed or produced. (a) Information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), the Producing Party must affix the legend “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains Protected Material. For Protected Material that is produced in native electronic format, the designation must be included in the file name (with the original file name intact in metadata) and on any slipsheets when produced, and any Party when printing such Protected Material must affix the designated legend to each page of the printed copy and on any slipsheet. (b) Testimony given in deposition or other pretrial proceedings: the Designating Party shall either (1) identify on the record or (2) identify, in writing, within 21 calendar days of the deposition, that the transcript must be treated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Notwithstanding the previous provision and other provisions of this Stipulated Protective Order, if requested by a Receiving Party at or after a deposition, a Designating Party has 7 calendar days from the request, or until 21 calendar days from the deposition have passed, whichever is sooner, to designate the pages of the deposition transcript which are to be treated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” To the extent a deponent gives testimony regarding Protected Material, unless the Parties agree otherwise, that testimony must be treated in accordance with the level the Protected Material was designated regardless of whether the testimony itself receives express designation at or after the deposition. Parties shall give the other Parties notice if they reasonably expect a pretrial proceeding (in court) to include Protected Material so that the other Parties can ensure that only authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those proceedings if and when such Protected Material is discussed. The use of Protected Material as an exhibit at a deposition or other pretrial proceedings will not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Transcripts containing Protected Material must have an obvious legend on the title page that the transcript contains Protected Material. If a Party inadvertently fails to make a designation at the deposition or pretrial proceeding, the Parties shall treat any transcript that was not designated on the record pursuant to paragraph 7.2(b) as if it had been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the expiration of that 21-day period or of such earlier time that such transcript is designated, the transcript will be treated only as actually designated. (c) for Protected Material produced in some form other than documentary and for any tangible things: the Producing Party must affix in a prominent place on the exterior of the container or containers in which the Protected Material is produced or disclosed the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

▇▇▇▇▇▇ and Timing of Designations. Except as otherwise provided in this Stipulated Protective Order (see, e.g., Section 7.2(bsecond paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Stipulated Protective Order must be clearly so designated before the material is disclosed or produced.. Designation in conformity with this Order requires: (a) Information for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY CONFIDENTIAL” (herein after “HIGHLY CONFIDENTIAL legend”), to each page that contains protected material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). A Party or Non-Party that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the legend “CONFIDENTIAL,CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLYlegend” to each page that contains Protected Material. For Protected Material that is produced in native electronic formatIf only a portion or portions of the material on a page qualifies for protection, the designation Producing Party also must be included clearly identify the protected portion(s) (e.g., by making appropriate markings in the file name (with the original file name intact in metadata) and on any slipsheets when produced, and any Party when printing such Protected Material must affix the designated legend to each page of the printed copy and on any slipsheetmargins). (b) Testimony for testimony given in deposition or other pretrial proceedings: depositions that the Designating Party shall either (1) identify the Disclosure or Discovery Material on the record or (2) identifyrecord, in writing, within 21 calendar days of before the deposition, that the transcript must be treated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Notwithstanding the previous provision and other provisions of this Stipulated Protective Order, if requested by a Receiving Party at or after a deposition, a Designating Party has 7 calendar days from the request, or until 21 calendar days from the deposition have passed, whichever is sooner, to designate the pages close of the deposition transcript which are to be treated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” To the extent a deponent gives testimony regarding Protected Material, unless the Parties agree otherwise, that testimony must be treated in accordance with the level the Protected Material was designated regardless of whether the testimony itself receives express designation at or after the deposition. Parties shall give the other Parties notice if they reasonably expect a pretrial proceeding (in court) to include Protected Material so that the other Parties can ensure that only authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those proceedings if and when such Protected Material is discussed. The use of Protected Material as an exhibit at a deposition or other pretrial proceedings will not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Transcripts containing Protected Material must have an obvious legend on the title page that the transcript contains Protected Material. If a Party inadvertently fails to make a designation at the deposition or pretrial proceeding, the Parties shall treat any transcript that was not designated on the record pursuant to paragraph 7.2(b) as if it had been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the expiration of that 21-day period or of such earlier time that such transcript is designated, the transcript will be treated only as actually designatedall protected testimony. (c) for Protected Material information produced in some form other than documentary and for any other tangible things: items, that the Producing Party must affix in a prominent place on the exterior of the container or containers in which the Protected Material information is produced or disclosed stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLYCONFIDENTIAL.”” If only a portion or portions of the information warrants protection, the Producing Party, to the extent practicable, shall identify the protected portion(s).