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6 <br /> a. A Party that receives Joint Defense Information under this Agreement may <br /> communicate the same to a Third Party,but only with the advance consent of <br /> the attorney for the Party that contributed that information or material to the <br /> joint defense effort;and <br /> b. A Party or Joint Defense Participant that receives Joint Defense Information <br /> under this Agreement may communicate the same if compelled to do so by a <br /> court of competent jurisdiction. Each Party agrees that, if it receives any <br /> summons, subpoena or similar process, or any request to disclose or produce <br /> Joint Defense Information received under this Agreement, then it will <br /> immediately notify all other Parties and provide not less than five(5)business <br /> days' notice before disclosure or production, to permit other Parties or their <br /> counsel to intervene. . If five (5) business days' notice cannot be provided, <br /> because of the return date of the process, then the Party upon which the <br /> demand or request is made shall bring a motion to stay the proceedings so as <br /> to provide at least five (5) business days' notice to the other Parties. Each <br /> Party shall instruct its Joint Defense Participants to follow this same notice <br /> and motion procedure. PROVIDED, that the provisions of this subsection <br /> 6(b) shall not apply to requests for public records made pursuant to Chapter <br /> 42.56 RCW,which shall be governed exclusively by subsection 6(c). <br /> c. The Parties expressly acknowledge that each Party is a public agency <br /> governed by the Public Records Act (PRA) codified at Chapter 42.56 RCW. <br /> Nothing in this Agreement shall be construed as abridging,limiting or altering <br /> each Party's legal rights and obligations as set forth in the PRA and any <br /> controlling judicial precedent arising thereunder. Upon receipt of a request <br /> for public records made pursuant to the PRA ("PRA request") the scope of <br /> which may encompass Joint Defense Information or other documents related <br /> to the Refund Claim, a Party may notify the other Parties of such request and <br /> of the first Party's intended response thereto. However, notwithstanding any <br /> other provision of this Agreement,the first Party shall have sole discretion in <br /> determining the extent to which any such records shall be released in response <br /> to a PRA request. No decision by the first Party in responding to a PRA <br /> request shall form the basis for any claim or cause of action under this <br /> Agreement. <br /> 8. Independently Obtained Information or Materials Not Protected by <br /> this Agreement. This Agreement shall not restrict disclosure or production of <br /> information or materials that were learned or obtained by a Party or its Joint Defense <br /> Participants if they were learned or obtained in ways entirely independent of any joint <br /> defense communications. <br /> 9. Sharing of Information Does Not Create Privilege for Facts that Are <br /> Not Otherwise Privileged. The Parties recognize and agree that where facts or other <br /> information or materials are not otherwise privileged from disclosure or production,they <br /> shall not gain any privilege simply because they may be shared in a joint defense <br /> {ERZ757860.DOC;1\00005.080018\} <br /> 4 of 13 <br /> 19 <br />