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Case 1:20-cr-00203-RJWS-Document 136-75 Filed 09/04/16 Page 14 of 38
Parties agree that the Producing Party may retroactively apply the correct designation. If a Producing Party makes a subsequent designation, the Receiving Party will treat the Protected Material according to the retroactive designation, including undertaking best efforts to retrieve all previously distributed copies from any recipients now ineligible to access the Protected Material.
13. -15. Limitations. Nothing in this Order shall restrict in any way the use or disclosure of CONFIDENTIAL materialProtected Material by a Receiving Party (a) that is or has become publicly known through no fault of the Receiving Party; (b) that is lawfully acquired by or known to the Receiving Party independent of the Producing Party; (c) that was previously produced, disclosed, and/or provided by the Producing Party to the Receiving Party or a non-party without an obligation of confidentiality and not by inadvertence or mistake; (d) with the consent of the Producing Party and, if different, the Designating Party; (e) pursuant to Order of the Court; or (f) for purposes of law enforcement.
14. 165. This Protective Order shall have no force and effect on the use of any CONFIDENTIAL INFORMATION at trial in this matter.
17.17. This Protective Order may be modified by the Court at any time for good cause shown following notice to all parties and an opportunity for them to be heard.
DOJ-OGR-00002456