COMPLIANCE INFO_2019 - Laserfiche WebLink

Home Browse Search

I it waive any ofthe ohjeutions or defenses to which Doi'andant would be entitled in responding to 2 a•quests for docutnants modo by suhp0ma or other formal process or discovery. Defendant's � 3 obligations under this paragraph shall not require Defendant to alter its 6ormal document- . i 4 retention policies (inoluding, but not Limited to policies regarding backup tapes for electronic 5 documents), provided, however.that defendant's policies must comply with Health and Safety 6 Code Chapters 6.5 and 6,45;Health arA Sa#bty Code section 117600 et seq.; and their 7 implementing regulations and any olhs,r applicable law. The Patties agree that Defendant may 8 not be deemed in violation of this paragraph for failure to maintain such records unless 9 Defendant fails to exercise reasonable-diligence in administering this record retention 10 requirement. This paragraph shall not limit the People's authority to access or obtain 1 l information,ivcords and doouments porsuaat to any other statin, or regulation, 12 1.8, DISC;LQSERE QF CONFIDENTIAL)<1V,1i O;R1ON 13 The Patties agree that documents and tether inBorrv:ltion that have been exchanged during 14 these settlement disousiom are subject to the provisions of Evidence Code section 11.52. The 15 Parties further agree that sitch dctcumeats and other information shall be treated as"ConriidentiEtl 16 Information"andmill not be disclosed to any third party except as set forth below, In addition, 17 the People agrze to provide Defendant with an opportunity to designate as Confidential 18 Information any records and doeumernts inspected or copied by the People under Paragraph 1.7 to 19 the extcnit such lords and documents consist of confidential corlmt'ate fiTualcial scrods. X) confidential ctn'porate proprietary infbhrmtion,confidential commercial information,and/or trail 21 secrets within the meaning of the Calif brnia Public Records Act. If any party receiving such 22 Confidential lnforniation (the"Receivi,r")(a) is subpoenaed in another action or proceeding,(b) 23 is sawed with a demand in ano$etr action.or proceeding to which it is a.party or is Otherwise 24 involved,(c) receives a m uest for doc'uments pursuant to the Calm otatia Public Records Act 25 anti/oi•the Federal Freedom of lnformiition Art,ar(d)is served with any other process by a 26 person not a party to this litigation sealting such materials,the Deceiver shall give notice within a i27 reasonable time alter receipt of such subpoena,demand or process,to the party designated in 28 25 i STRULATtON FOR EN MY OF FINAL JUDGMENTAND PERMANENT 1NJUNMON