definiens: means any7 ... -_----~, .. _ ---.- .. -Confidential As Amended December 14, 2004writing prepared for or in connection with representation of [COMPANY], whether in paper;electronic, or other form, prepared in connection with the Arbitration or the facts andcircumstances relating thereto or relating to the validity or enforceability of the CHIRONLicensed Patents, including any and all pleadings, briefs, declarations, and other paperssubmitted in the Arbitration, drafts thereof, deposition transcripts, summaries thereof, memoranda, attorney or consultant work product, aud any writing containing anyDesignated Materials ( as defined in the Protective Order in the Arbitration ) of [COMPANY] orexeerpts or analysis thereof . Notwithstanding anything provided in this Section 8 to thecontrary, expressly recognizing that Stephen S. Rabinowitz, Esq . and his present firmFried, Frank, Harris, Shriver & Jacobson LLP ( collectively ) have been andare representing Laboratory Corporation of America Holdings and its affiliates in a civilaction commenced by [COMPANY] and pending in the United States District Court for theCentral District of California Case No . 04 CV 1064 MRP ( the ), nothingdone ( in the past, present or future ) by Fried Frank in or in connection with the LabCorpCase in contravention of written instructions from [COMPANY] following September 3, 2004 ofwhich [COMPANY] has received notice shall be deemed to be a violation by [COMPANY] of thisSection 8 ; provided that ( i ) [COMPANY] shall instruct Fried Frank not to make any use in thefuture of any Subject Document Fried Frank prepared in the course of acting on behalf ofRoche in the [COMPANY] / [COMPANY] arbitration and to otherwise comply with this Section 8, and(ii ) that [COMPANY] otherwise complies with this Section 8