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it waive any of the objections or defenses to which Defendant would be entitled in responding to requests fOr documents made by stibpoetia or other formal process or discovery. Defendant's obligations under this paragraph shall not require Defendant to alter its normal document- retention policies (including, but not limited to policies regarding backup tapes for electronic documents); provided. however. that Defendant's policies must comply with Health and Safety Code Chapters 6.5 and 6,95; Health arid Satety.Code section 117600 et seq.; and their implementing regulations and any other applicable law. The Parties agree that Defendant may not he deemed in violation of this paragraph for failure to maintain such records unless Defendant fails to exercise reasonable diligence in administering this record retention requirement. This paragraph shall not -limit the People's authority to access or obtain information, records and documents pursuant to any other statute, or regulation, 1.8, DISCLOKRE OF CONFIDENTIAL INFORMATION The Pairtia agree -tat documents and other information that have been exchanged during these settlement discussions are subject to the provisions of Evidence Code section 1152. The Panics further agree that such documents and other information shall be treated as "Confidential Information" and.will not be disclosed to any third party except as set forth below, in addition, the People agree to provide Defendant with an opportunity to designate as Confidential Information KV records and documents inspected or copied by the People under Paragraph 11 to the extent such records and documents consistof confidential corporate financial records, confidential corporate proprietary infainnition, confidential commercial information, and/or -trail secrets within the meaning of the California Public Records Act. If any party receiving such Confidential information (the "Receiver") (a) is subpoenaed in another action or proceeding, (b) is served with a demand in another actionor proceeding to which.it Is aparty or is otherwise involved, (c) receiVes ft request for documents pursuant to the Califoinia Public Records Act and/or the Federal Freedom of Information Act, or (d) is served with any other process by a person not a party to this litigation seeking such materials, the Receiver shall give notice within a reasonable time after receipt of such subpoena, demand or process, to the party designated in 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STJKILATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION