Common use of Case Allocation Clause in Contracts

Case Allocation. (a) As of the Distribution Date, Patriot shall, and, as applicable, shall cause the other members of the Patriot Group to, (i) diligently conduct, at its sole cost and expense, the defense of the Patriot Actions, including the Patriot Actions listed on Schedule 5.01(a) and any applicable future Patriot Actions; (ii) notify PEC of material litigation developments related to the Patriot Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against PEC in relation to the Patriot Actions. (b) As of the Distribution Date, PEC shall, and, as applicable, shall cause the other members of the PEC Group to, (i) diligently conduct, at its sole cost and expense, the defense of the PEC Actions, including the PEC Actions listed on Schedule 5.01(b) and any applicable future PEC Actions; (ii) notify Patriot of material litigation developments related to the PEC Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot in relation to the PEC Actions. (c) Notwithstanding anything in this Section 5.01 to the contrary, PEC shall have the right to participate in the defense of any Patriot Action and to be represented by attorneys of its own choosing and at its sole cost and expense, and Patriot shall have the right to participate in the defense of any PEC Action and to be represented by attorneys of its own choosing and at its sole cost and expense. (d) Patriot shall indemnify and hold harmless PEC and other members of the PEC Group against Liabilities arising in connection with Patriot Actions, and PEC shall indemnify and hold harmless Patriot and other members of the Patriot Group against Liabilities arising in connection with PEC Actions, in each case, in accordance with the indemnification provisions of Article VI. (e) As of the Distribution Date, PEC shall, and, as applicable, shall cause the other members of the PEC Group to, (i) diligently conduct the defense of the Joint Actions; (ii) notify Patriot of material litigation developments related to the Joint Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot in relation to the Joint Actions; provided that if it becomes clear that a Joint Action relates primarily to the Patriot Business then from and after such time such Joint Action shall instead be deemed to be a Patriot Action subject to clause (a) above; and provided, further, that if it becomes clear that a Joint Action does not relate primarily to the Patriot Business then from and after such time such Joint Action shall instead be deemed to be a PEC Action subject to clause (b) above. PEC and Patriot shall regularly meet to review and discuss the progress of the Joint Actions and the classification thereof. Any dispute regarding whether an Action remains a Joint Action shall be settle pursuant to the dispute resolution mechanics of Section 15.15. (f) Until such time as the respective Liabilities of the members of the PEC Group and Patriot Group are determined in connection with any Joint Action, PEC and Patriot shall each pay 50% of the cost and expenses associated with the defense of such Joint Action. The parties agree that, to effect the foregoing sharing arrangement, counsel in connection with any Joint Action shall be instructed to render separate bills to PEC and to Patriot. In the event that PEC pays any costs or expenses that are the responsibility of Patriot hereunder, Patriot shall promptly reimburse PEC for such amounts. Patriot shall have the right to employ separate counsel to represent it and members of the Patriot Group if Patriot shall have reasonably concluded that there may be a legal defense available to members of the Patriot Group that are different from or in addition to those available to PEC or representation of both PEC (or any member of the PEC Group) and Patriot (or any member of the Patriot Group) by the same counsel would be inappropriate due to actual or potential differing interests between them, in which case fees and expenses of such counsel incurred by Patriot shall be included in the amounts allocated by the next sentence of this paragraph (f). Upon the determination of Liability of the members of the PEC Group and Patriot Group in connection with any Joint Action, Patriot shall indemnify and hold harmless PEC and other members of the PEC Group against the portion of such Liabilities relating primarily to the Patriot Business, and PEC shall indemnify and hold harmless Patriot and other members of the Patriot Group against the portion of such Liabilities relating primarily to the PEC Business, including, in each case, the costs and expenses associated with the defense of such Joint Action since the beginning of such Joint Action, which shall be allocated between PEC and Patriot in proportion to the Liability with respect to such Joint Action of members of the PEC Group, on the one hand, and members of the Patriot Group, on the other hand. Indemnification pursuant to this Section 5.01(f) shall be in accordance with the indemnification provisions of Article VI. (g) As of the Distribution Date, PEC shall, and shall cause the other members of the PEC Group to, transfer those actions that are primarily related to the Patriot Business in which one or more members of the PEC Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(g) (collectively, the “Transferred Patriot Actions”), to Patriot, and Patriot shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred Patriot Actions. (h) As of the Distribution Date, Patriot shall, and shall cause the other members of the Patriot Group to, transfer those actions that are not primarily related to the Patriot Business in which one or more members of the Patriot Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(h) (collectively, the “Transferred PEC Actions”), to PEC, and PEC shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred PEC Actions. (i) As of the Distribution Date, PEC shall assume the responsibility of litigating the case of Clintwood Elkhorn Mining Co. v. United States, pending before the United States Court of Appeals for the Federal Circuit (the “Black Lung Case”). PEC shall receive and have the benefit of all of the proceeds of the Black Lung Case, including interest, and shall be responsible for the payment of attorneys’ fees and costs. (j) As of the Distribution Date, PEC shall assume the responsibility of litigating Consolidated Coal Co.

Case Allocation. (a) As of the Distribution Date, Patriot Spinco shall, and, as applicable, shall cause the other members of the Patriot Spinco Group to, (i) diligently conduct, at its sole cost and expense, the defense of the Patriot Spinco Actions, including the Patriot Spinco Actions listed on Schedule 5.01(a) and any applicable future Patriot Spinco Actions; (ii) notify PEC PNX of material litigation developments related to the Patriot Spinco Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against PEC PNX in relation to the Patriot Spinco Actions. (b) As of the Distribution Date, PEC PNX shall, and, as applicable, shall cause the other members of the PEC PNX Group to, (i) diligently conduct, at its sole cost and expense, the defense of the PEC PNX Actions, including the PEC PNX Actions listed on Schedule 5.01(b) and any applicable future PEC Actions; (ii) notify Patriot of material litigation developments related to the PEC PNX Actions; and (iiiii) agree not to file any cross claim or institute separate legal proceedings against Patriot Spinco in relation to the PEC PNX Actions. (c) Notwithstanding anything in this Section 5.01 to the contrary, PEC PNX shall have the right to participate in the defense of any Patriot Action and to be represented by attorneys of its own choosing and at its sole cost and expense, and Patriot shall have the right to participate in the defense of any PEC Spinco Action and to be represented by attorneys of its own choosing and at its sole cost and expense. (d) Patriot Spinco shall indemnify and hold harmless PEC PNX and other members of the PEC PNX Group against Liabilities arising in connection with Patriot Spinco Actions, and PEC PNX shall indemnify and hold harmless Patriot Spinco and other members of the Patriot Spinco Group against Liabilities arising in connection with PEC PNX Actions, in each case, in accordance with the indemnification provisions of Article VI. (e) As of the Distribution Date, PEC PNX shall, and, as applicable, shall cause the other members of the PEC PNX Group to, (i) diligently conduct the defense of the Joint Actions, including the Joint Actions listed on Schedule 5.01(e) and any applicable future Joint Actions; (ii) notify Patriot Spinco of material litigation developments related to the Joint Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot Spinco in relation to the Joint Actions; provided that if it becomes clear that a Joint Action relates primarily to the Patriot Spinco Business then from and after such time such Joint Action shall instead be deemed to be a Patriot Spinco Action subject to clause (a) above; and provided, further, that if it becomes clear that a Joint Action does not relate primarily to the Patriot Spinco Business then from and after such time such Joint Action shall instead be deemed to be a PEC PNX Action subject to clause (b) above. PEC PNX and Patriot Spinco shall regularly meet to review and discuss the progress of the Joint Actions and the classification thereof. Any dispute regarding whether an Action remains a Joint Action shall be settle settled pursuant to the dispute resolution mechanics of Section 15.1513.15. (f) Until such time as the respective Liabilities of the members of the PEC PNX Group and Patriot Spinco Group are determined in connection with any Joint Action, PEC PNX and Patriot Spinco shall each pay 50% of the cost and expenses associated with the defense of such Joint Action. The parties agree that, to effect the foregoing sharing arrangement, counsel in connection with any Joint Action shall be instructed to render separate bills to PEC PNX and to PatriotSpinco. In the event that PEC either Party pays any costs or expenses that are the responsibility of Patriot the other Party hereunder, Patriot the responsible Party shall promptly reimburse PEC the other Party for such amounts. Patriot Spinco shall have the right to employ separate counsel to represent it and members of the Patriot Spinco Group if Patriot Spinco shall have reasonably concluded that there may be a legal defense available to members of the Patriot Spinco Group that are different from or in addition to those available to PEC PNX or representation of both PEC PNX (or any member of the PEC PNX Group) and Patriot Spinco (or any member of the Patriot Spinco Group) by the same counsel would be inappropriate due to actual or potential differing interests between them, in which case fees and expenses of such counsel incurred by Patriot Spinco shall be included in the amounts allocated by the next sentence of this paragraph (f). Upon the determination of Liability of the members of the PEC PNX Group and Patriot Spinco Group in connection with any Joint Action, Patriot Spinco shall indemnify and hold harmless PEC PNX and other members of the PEC PNX Group against the portion of such Liabilities relating primarily to the Patriot Spinco Business, and PEC PNX shall indemnify and hold harmless Patriot Spinco and other members of the Patriot Spinco Group against the portion of such Liabilities relating primarily to the PEC PNX Business, including, in each case, the costs and expenses associated with the defense of such Joint Action since the beginning of such Joint Action, which shall be allocated between PEC PNX and Patriot Spinco in proportion to the Liability with respect to such Joint Action of members of the PEC PNX Group, on the one hand, and members of the Patriot Spinco Group, on the other hand. Indemnification pursuant to this Section 5.01(f) shall be in accordance with the indemnification provisions of Article VI. (g) As of the Distribution Date, PEC shall, and shall cause the other members of the PEC Group to, transfer those actions that are primarily related to the Patriot Business in which one or more members of the PEC Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(g) (collectively, the “Transferred Patriot Actions”), to Patriot, and Patriot shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred Patriot Actions. (h) As of the Distribution Date, Patriot shall, and shall cause the other members of the Patriot Group to, transfer those actions that are not primarily related to the Patriot Business in which one or more members of the Patriot Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(h) (collectively, the “Transferred PEC Actions”), to PEC, and PEC shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred PEC Actions. (i) As of the Distribution Date, PEC shall assume the responsibility of litigating the case of Clintwood Elkhorn Mining Co. v. United States, pending before the United States Court of Appeals for the Federal Circuit (the “Black Lung Case”). PEC shall receive and have the benefit of all of the proceeds of the Black Lung Case, including interest, and shall be responsible for the payment of attorneys’ fees and costs. (j) As of the Distribution Date, PEC shall assume the responsibility of litigating Consolidated Coal Co.

Case Allocation. (a) As of the Distribution Date, Patriot Spinco shall, and, as applicable, shall cause the other members of the Patriot Spinco Group to, (i) diligently conduct, at its sole cost and expense, the defense of the Patriot Spinco Actions, including but not limited to the Patriot Spinco Actions listed on Schedule 5.01(a5.1(a) and any applicable future Patriot Spinco Actions; (ii) notify PEC Parent of material litigation developments related to the Patriot Spinco Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against PEC Parent in relation to the Patriot Spinco Actions. (b) As of the Distribution Date, PEC Parent shall, and, as applicable, shall cause the other members of the PEC Parent Group to, (i) diligently conduct, at its sole cost and expense, the defense of the PEC Parent Actions, including the PEC Parent Actions listed on Schedule 5.01(b5.1(b) and any applicable future PEC Actions; (ii) notify Patriot of material litigation developments related to the PEC Parent Actions; and (iiiii) agree not to file any cross claim or institute separate legal proceedings against Patriot Spinco in relation to the PEC Parent Actions. (c) Notwithstanding anything in this Section 5.01 5.1 to the contrary, PEC Parent shall have the right to participate in the defense of any Patriot Action and to be represented by attorneys of its own choosing and at its sole cost and expense, and Patriot shall have the right to participate in the defense of any PEC Spinco Action and to be represented by attorneys of its own choosing and at its sole cost and expense. (d) Patriot Spinco shall indemnify and hold harmless PEC Parent and other members of the PEC Parent Group against Liabilities arising in connection with Patriot Spinco Actions, and PEC Parent shall indemnify and hold harmless Patriot Spinco and other members of the Patriot Spinco Group against Liabilities arising in connection with PEC Parent Actions, in each case, in accordance with the indemnification provisions of Article VI. (e) As of the Distribution Date, PEC Parent shall, and, as applicable, shall cause the other members of the PEC Parent Group to, (i) diligently conduct the defense of the Joint Actions, including the Joint Actions listed on Schedule 5.1(e) and any applicable future Joint Actions; (ii) notify Patriot Spinco of material litigation developments related to the Joint Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot Spinco in relation to the Joint Actions; provided that if it becomes clear that a Joint Action relates primarily to the Patriot Spinco Business then from and after such time such Joint Action shall instead be deemed to be a Patriot Spinco Action subject to clause (a) above; and provided, further, that if it becomes clear that a Joint Action does not relate primarily to the Patriot Spinco Business then from and after such time such Joint Action shall instead be deemed to be a PEC Parent Action subject to clause (b) above. PEC Parent and Patriot Spinco shall regularly meet to review and discuss the progress of the Joint Actions and the classification thereof. Any dispute regarding whether an Action remains a Joint Action shall be settle settled pursuant to the dispute resolution mechanics of Section 15.159.15. (f) Until such time as the respective Liabilities of the members of the PEC Parent Group and Patriot Spinco Group are determined in connection with any Joint Action, PEC Parent and Patriot Spinco shall each pay fifty percent (50% %) of the cost and expenses associated with the defense of such Joint Action. The parties agree that, to effect the foregoing sharing arrangement, counsel in connection with any Joint Action shall be instructed to render separate bills to PEC Parent and to PatriotSpinco. In the event that PEC either Party pays any costs or expenses that are the responsibility of Patriot the other Party hereunder, Patriot the responsible Party shall promptly reimburse PEC the other Party for such amounts. Patriot Spinco shall have the right to employ separate counsel to represent it and members of the Patriot Spinco Group if Patriot Spinco shall have reasonably concluded that there may be a legal defense available to members of the Patriot Spinco Group that are different from or in addition to those available to PEC Parent or representation of both PEC Parent (or any member of the PEC Parent Group) and Patriot Spinco (or any member of the Patriot Spinco Group) by the same counsel would be inappropriate due to actual or potential differing interests between them, in which case fees and expenses of such counsel incurred by Patriot Spinco shall be included in the amounts allocated by the next sentence of this paragraph (f). Upon the determination of Liability of the members of the PEC Parent Group and Patriot Spinco Group in connection with any Joint Action, Patriot Spinco shall indemnify and hold harmless PEC Parent and other members of the PEC Parent Group against the portion of such Liabilities relating primarily to the Patriot Spinco Business, and PEC Parent shall indemnify and hold harmless Patriot Spinco and other members of the Patriot Spinco Group against the portion of such Liabilities relating primarily to the PEC Parent Business, including, in each case, the costs and expenses associated with the defense of such Joint Action since the beginning of such Joint Action, which shall be allocated between PEC Parent and Patriot Spinco in proportion to the Liability with respect to such Joint Action of members of the PEC Parent Group, on the one hand, and members of the Patriot Spinco Group, on the other hand. Indemnification pursuant to this Section 5.01(f5.1(f) shall be in accordance with the indemnification provisions of Article VI. (g) As of the Distribution Date, PEC shall, and shall cause the other members of the PEC Group to, transfer those actions that are primarily related to the Patriot Business in which one or more members of the PEC Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(g) (collectively, the “Transferred Patriot Actions”), to Patriot, and Patriot shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred Patriot Actions. (h) As of the Distribution Date, Patriot shall, and shall cause the other members of the Patriot Group to, transfer those actions that are not primarily related to the Patriot Business in which one or more members of the Patriot Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(h) (collectively, the “Transferred PEC Actions”), to PEC, and PEC shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred PEC Actions. (i) As of the Distribution Date, PEC shall assume the responsibility of litigating the case of Clintwood Elkhorn Mining Co. v. United States, pending before the United States Court of Appeals for the Federal Circuit (the “Black Lung Case”). PEC shall receive and have the benefit of all of the proceeds of the Black Lung Case, including interest, and shall be responsible for the payment of attorneys’ fees and costs. (j) As of the Distribution Date, PEC shall assume the responsibility of litigating Consolidated Coal Co.

Case Allocation. (a) As of the Distribution Date, Patriot Spinco shall, and, as applicable, shall cause the other members of the Patriot Spinco Group to, to (i) diligently conduct, at its sole cost and expense, the defense of the Patriot Spinco Actions, including the Patriot Spinco Actions listed on Schedule 5.01(a) and any applicable future Patriot Spinco Actions; (ii) notify PEC L-3 of material litigation developments related to the Patriot Spinco Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against PEC L-3 in relation to the Patriot Spinco Actions. (b) As of the Distribution Date, PEC L-3 shall, and, as applicable, shall cause the other members of the PEC L-3 Group to, to (i) diligently conduct, at its sole cost and expense, the defense of the PEC L-3 Actions, including the PEC L-3 Actions listed on Schedule 5.01(b) and any applicable future PEC L-3 Actions; (ii) notify Patriot Spinco of material litigation developments related to the PEC L-3 Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot Spinco in relation to the PEC L-3 Actions. (c) Notwithstanding anything in this Section 5.01 to the contrary, PEC L-3 shall have the right to participate in the defense of any Patriot Action and to be represented by attorneys of its own choosing and at its sole cost and expense, and Patriot shall have the right to participate in the defense of any PEC Spinco Action and to be represented by attorneys of its own choosing and at its sole cost and expense. (d) Patriot Spinco shall indemnify and hold harmless PEC L-3 and other members of the PEC L-3 Group against Liabilities arising in connection with Patriot Spinco Actions, and PEC L-3 shall indemnify and hold harmless Patriot Spinco and other members of the Patriot Spinco Group against Liabilities arising in connection with PEC L-3 Actions, in each case, in accordance with the indemnification provisions of Article VI, except that the L-3 Group shall remain solely liable for its costs of responding to discovery requests for the Spinco Actions, but not any other Liabilities in connection with such Spinco Actions, including as a result of any decisions or award of a Governmental Entity or arbitrator or settlement in respect thereof. (e) As of the Distribution Date, PEC L-3 shall, and, as applicable, shall cause the other members of the PEC L-3 Group to, to (i) diligently conduct the defense of the Joint Actions, including the Joint Actions listed on Schedule 5.01(e) and any applicable future Joint Actions; (ii) notify Patriot Spinco of material litigation developments related to the Joint Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot Spinco in relation to the Joint Actions; provided provided, that if it becomes clear that a Joint Action relates primarily to the Patriot Spinco Business then from and after such time such Joint Action shall instead be deemed to be a Patriot Spinco Action subject to clause (aSection 5.01(a) above, and Spinco shall promptly reimburse L-3 for any costs or expenses incurred by L-3 in connection with such Joint Action pursuant to Section 5.01(f); and provided, further, that if it becomes clear that a Joint Action does not relate primarily to the Patriot Spinco Business then from and after such time such Joint Action shall instead be deemed to be a PEC an L-3 Action subject to clause (bSection 5.01(b) above, and L-3 shall promptly reimburse Spinco for any costs or expenses incurred by Spinco in connection with such Joint Action pursuant to Section 5.01(f). PEC L-3 and Patriot Spinco shall regularly meet to review and discuss the progress of the Joint Actions and the classification thereof. Any dispute regarding whether an Action remains a In addition, Spinco shall have the right to employ separate counsel and to participate in (but not control) the defense, compromise, or settlement of any Joint Action shall be settle pursuant to the dispute resolution mechanics of Section 15.15Action, at its own expense. (f) Until such time as the respective Liabilities of the members of the PEC L-3 Group and Patriot Spinco Group are determined in connection with any Joint Action, PEC L-3 and Patriot Spinco shall each pay 50% of the cost costs and expenses associated with the defense of such Joint Action. The parties Parties agree that, to effect the foregoing sharing arrangement, counsel in connection with any Joint Action shall be instructed to render separate bills to PEC L-3 and to PatriotSpinco. In the event that PEC either Party pays any costs or expenses that are the responsibility of Patriot hereunderthe other Party hereunder (including any costs or expenses paid by either Party in connection with a Joint Action pursuant to the first sentence of this Section 5.01(f), Patriot which Joint Action is subsequently deemed to be a Spinco Action or L-3 Action, as the case may be), the responsible Party shall promptly reimburse PEC the other Party for such amounts. Patriot Spinco shall have the right to employ separate counsel to represent it and members of the Patriot Spinco Group if Patriot Spinco shall have reasonably concluded that there may be a legal defense available to members of the Patriot Spinco Group that are different from or in addition to those available to PEC L-3 or representation of both PEC L-3 (or any member of the PEC L-3 Group) and Patriot Spinco (or any member of the Patriot Spinco Group) by the same counsel would be inappropriate due to actual or potential differing interests between them, in which case fees and expenses of such counsel incurred by Patriot Spinco shall be included in the amounts allocated by the next immediately following sentence of this paragraph (fSection 5.01(f). Upon the determination of Liability of the members of the PEC L-3 Group and Patriot Spinco Group in connection with any Joint Action, Patriot Spinco shall indemnify and hold harmless PEC L-3 and other members of the PEC L-3 Group against the portion of such Liabilities relating primarily to the Patriot Spinco Business, and PEC L-3 shall indemnify and hold harmless Patriot Spinco and other members of the Patriot Spinco Group against the portion of such Liabilities relating primarily to the PEC L-3 Business, including, in each case, the costs and expenses associated with the defense of such Joint Action since the beginning of such Joint Action, which shall be allocated between PEC L-3 and Patriot Spinco in proportion to the Liability with respect to such Joint Action of members of the PEC L-3 Group, on the one hand, and members of the Patriot Spinco Group, on the other hand; provided, that in the event the respective Liabilities of the members of the L-3 Group and Spinco Group are unable to be determined with respect to any Joint Action, 50% shall be deemed to be allocated to each of the L-3 Group and Spinco Group. Indemnification pursuant to this Section 5.01(f) shall be in accordance with the indemnification provisions of Article VI. (g) As of the Distribution Date, PEC shall, and shall cause the other members of the PEC Group to, transfer those actions that are primarily related to the Patriot Business in which one or more members of the PEC Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(g) (collectively, the “Transferred Patriot Actions”), to Patriot, and Patriot shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred Patriot Actions. (h) As of the Distribution Date, Patriot shall, and shall cause the other members of the Patriot Group to, transfer those actions that are not primarily related to the Patriot Business in which one or more members of the Patriot Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(h) (collectively, the “Transferred PEC Actions”), to PEC, and PEC shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred PEC Actions. (i) As of the Distribution Date, PEC shall assume the responsibility of litigating the case of Clintwood Elkhorn Mining Co. v. United States, pending before the United States Court of Appeals for the Federal Circuit (the “Black Lung Case”). PEC shall receive and have the benefit of all of the proceeds of the Black Lung Case, including interest, and shall be responsible for the payment of attorneys’ fees and costs. (j) As of the Distribution Date, PEC shall assume the responsibility of litigating Consolidated Coal Co.

Case Allocation. (a) As of the Distribution DateEffective Time, Patriot Newco shall, and, as applicable, shall cause the other members of the Patriot Newco Group to, (i) diligently conduct, at its sole cost and expense, the defense of the Patriot Newco Legal Actions, including the Patriot Newco Legal Actions listed on Schedule 5.01(a) and any applicable future Patriot Actions; (ii) notify PEC of material litigation developments related to the Patriot Newco Legal Actions; and (iiiii) agree not to file any cross claim or institute separate legal proceedings against PEC the Company in relation to the Patriot Newco Legal Actions. For the avoidance of doubt, nothing in this Section 5.01(a) shall limit the rights of any member of the Part D Group under this Agreement or any other Split-Off Agreement. (b) As of the Distribution DateEffective Time, PEC the Company shall, and, as applicable, shall cause the other members of the PEC Part D Group to, (i) diligently conduct, at its sole cost and expense, the defense of the PEC Part D Legal Actions, including the PEC Part D Legal Actions listed on Schedule 5.01(b) and any applicable future PEC Actions; (ii) notify Patriot of material litigation developments related to the PEC Part D Legal Actions; and (iiiii) agree not to file any cross claim or institute separate legal proceedings against Patriot Newco in relation to the PEC Part D Legal Actions. For the avoidance of doubt, nothing in this Section 5.01(b) shall limit the rights of any member of the Newco Group under this Agreement or any other Split-Off Agreement. (c) Notwithstanding anything in this Section 5.01 to the contrary, PEC shall have the right to participate in the defense of any Patriot Action and to be represented by attorneys of its own choosing and at its sole cost and expense, and Patriot shall have the right to participate in the defense of any PEC Action and to be represented by attorneys of its own choosing and at its sole cost and expense. (d) Patriot shall indemnify and hold harmless PEC and other members of the PEC Group against Liabilities arising in connection with Patriot Actions, and PEC shall indemnify and hold harmless Patriot and other members of the Patriot Group against Liabilities arising in connection with PEC Actions, in each case, in accordance with the indemnification provisions of Article VI. (e) As of the Distribution DateEffective Time, PEC each Party shall, and, as applicable, shall cause the other members of the PEC its Group to, (i) diligently conduct conduct, on a joint basis, the defense of the Joint Legal Actions; and (ii) notify Patriot the other Party of material litigation developments related to the Joint Legal Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot in relation to the Joint Actions; provided provided, however, that if it becomes clear that a Joint Legal Action relates does not relate primarily to the Patriot Medicare Part D Business then from and after such time such Joint Legal Action shall instead be deemed to be a Patriot Newco Legal Action subject to clause (a) above; and provided, further, that if it becomes clear that a Joint Legal Action does not relate relates primarily to the Patriot Medicare Part D Business then from and after such time such Joint Legal Action shall instead be deemed to be a PEC Part D Legal Action subject to clause (b) above. PEC The Company and Patriot Newco shall regularly meet to review and discuss the progress of the Joint Legal Actions and the classification thereof. Any dispute regarding whether an Action remains a Joint Action shall be settle pursuant to the dispute resolution mechanics of Section 15.15. (fd) Until such time as the respective Liabilities of the members of the PEC Part D Group and Patriot Newco Group are determined in connection with any Joint Legal Action, PEC the Company and Patriot Newco shall each pay 50% of the cost and expenses associated with the defense of such Joint Legal Action. The parties agree that, to effect the foregoing sharing arrangement, counsel in connection with any Joint Action shall be instructed to render separate bills to PEC and to Patriot. In the event that PEC pays any costs or expenses that are the responsibility of Patriot hereunder, Patriot shall promptly reimburse PEC for such amounts. Patriot Each Party shall have the right to employ separate counsel to represent it and members of the Patriot its Group if Patriot the such shall have reasonably concluded that there may be is a legal defense available to members of the Patriot its Group that are is different from or in addition to those available to PEC the other Group or that representation of both PEC such Party (or any member of such Party’s Group) and the other Party (or any member of the PEC Group) and Patriot (or any member of the Patriot other Party’s Group) by the same counsel would be inappropriate due to an actual or potential differing interests conflict of interest between them, in which case fees and expenses of such counsel incurred by Patriot shall be included in the amounts allocated by the next sentence of this paragraph (fSection 5.01(d). Upon the determination of Liability of the members of the PEC Part D Group and Patriot Newco Group in connection with any Joint Legal Action, Patriot Newco shall indemnify and hold harmless PEC and other members of the PEC Group Part D Indemnitees against the portion of such Liabilities relating primarily to the Patriot Newco Business, and PEC the Company shall indemnify and hold harmless Patriot and other members of the Patriot Group Newco Indemnitees against the portion of such Liabilities relating primarily to the PEC Medicare Part D Business, including, in each case, the costs and expenses associated with the defense of such Joint Legal Action since the beginning of such Joint Legal Action, which shall be allocated between PEC the Company and Patriot Newco in proportion to the Liability with respect to such Joint Legal Action of members of the PEC Part D Group, on the one hand, and members of the Patriot Newco Group, on the other hand. Indemnification pursuant to this Section 5.01(f5.01(d) shall be in accordance with the indemnification provisions of Article VI. (g) As of the Distribution Date, PEC shall, and shall cause the other members of the PEC Group to, transfer those actions that are primarily related to the Patriot Business in which one or more members of the PEC Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(g) (collectively, the “Transferred Patriot Actions”), to Patriot, and Patriot shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred Patriot Actions. (h) As of the Distribution Date, Patriot shall, and shall cause the other members of the Patriot Group to, transfer those actions that are not primarily related to the Patriot Business in which one or more members of the Patriot Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(h) (collectively, the “Transferred PEC Actions”), to PEC, and PEC shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred PEC Actions. (i) As of the Distribution Date, PEC shall assume the responsibility of litigating the case of Clintwood Elkhorn Mining Co. v. United States, pending before the United States Court of Appeals for the Federal Circuit (the “Black Lung Case”). PEC shall receive and have the benefit of all of the proceeds of the Black Lung Case, including interest, and shall be responsible for the payment of attorneys’ fees and costs. (j) As of the Distribution Date, PEC shall assume the responsibility of litigating Consolidated Coal Co.

Case Allocation. (a) As of the Distribution Date, Patriot shall, and, as applicable, shall cause the other members of the Patriot Group to, (i) diligently conduct, at its sole cost and expense, the defense of the Patriot Actions, including the Patriot Actions listed on Schedule 5.01(a) and any applicable future Patriot Actions; (ii) notify PEC of material litigation developments related to the Patriot Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against PEC in relation to the Patriot Actions. (b) As of the Distribution Date, PEC shall, and, as applicable, shall cause the other members of the PEC Group to, (i) diligently conduct, at its sole cost and expense, the defense of the PEC Actions, including the PEC Actions listed on Schedule 5.01(b) and any applicable future PEC Actions; (ii) notify Patriot of material litigation developments related to the PEC Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot in relation to the PEC Actions. (c) Notwithstanding anything in this Section 5.01 to the contrary, PEC shall have the right to participate in the defense of any Patriot Action and to be represented by attorneys of its own choosing and at its sole cost and expense, and Patriot shall have the right to participate in the defense of any PEC Action and to be represented by attorneys of its own choosing and at its sole cost and expense. (d) Patriot shall indemnify and hold harmless PEC and other members of the PEC Group against Liabilities arising in connection with Patriot Actions, and PEC shall indemnify and hold harmless Patriot and other members of the Patriot Group against Liabilities arising in connection with PEC Actions, in each case, in accordance with the indemnification provisions of Article VI. (e) As of the Distribution Date, PEC shall, and, as applicable, shall cause the other members of the PEC Group to, (i) diligently conduct the defense of the Joint Actions; (ii) notify Patriot of material litigation developments related to the Joint Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot in relation to the Joint Actions; provided that if it becomes clear that a Joint Action relates primarily to the Patriot Business then from and after such time such Joint Action shall instead be deemed to be a Patriot Action subject to clause (a) above; and provided, further, that if it becomes clear that a Joint Action does not relate primarily to the Patriot Business then from and after such time such Joint Action shall instead be deemed to be a PEC Action subject to clause (b) above. PEC and Patriot shall regularly meet to review and discuss the progress of the Joint Actions and the classification thereof. Any dispute regarding whether an Action remains a Joint Action shall be settle pursuant to the dispute resolution mechanics of Section 15.15. (f) Until such time as the respective Liabilities of the members of the PEC Group and Patriot Group are determined in connection with any Joint Action, PEC and Patriot shall each pay 50% of the cost and expenses associated with the defense of such Joint Action. The parties agree that, to effect the foregoing sharing arrangement, counsel in connection with any Joint Action shall be instructed to render separate bills to PEC and to Patriot. In the event that PEC pays any costs or expenses that are the responsibility of Patriot hereunder, Patriot shall promptly reimburse PEC for such amounts. Patriot shall have the right to employ separate counsel to represent it and members of the Patriot Group if Patriot shall have reasonably concluded that there may be a legal defense available to members of the Patriot Group that are different from or in addition to those available to PEC or representation of both PEC (or any member of the PEC Group) and Patriot (or any member of the Patriot Group) by the same counsel would be inappropriate due to actual or potential differing interests between them, in which case fees and expenses of such counsel incurred by Patriot shall be included in the amounts allocated by the next sentence of this paragraph (f). Upon the determination of Liability of the members of the PEC Group and Patriot Group in connection with any Joint Action, Patriot shall indemnify and hold harmless PEC and other members of the PEC Group against the portion of such Liabilities relating primarily to the Patriot Business, and PEC shall indemnify and hold harmless Patriot and other members of the Patriot Group against the portion of such Liabilities relating primarily to the PEC Business, including, in each case, the costs and expenses associated with the defense of such Joint Action since the beginning of such Joint Action, which shall be allocated between PEC and Patriot in proportion to the Liability with respect to such Joint Action of members of the PEC Group, on the one hand, and members of the Patriot Group, on the other hand. Indemnification pursuant to this Section 5.01(f) shall be in accordance with the indemnification provisions of Article VI. (g) As of the Distribution Date, PEC shall, and shall cause the other members of the PEC Group to, transfer those actions that are primarily related to the Patriot Business in which one or more members of the PEC Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(g) (collectively, the “Transferred Patriot Actions”), to Patriot, and Patriot shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred Patriot Actions[Intentionally Omitted]. (h) As of the Distribution Date, Patriot shall, and shall cause the other members of the Patriot Group to, transfer those actions that are not primarily related to the Patriot Business in which one or more members of the Patriot Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(h) (collectively, the “Transferred PEC Actions”), to PEC, and PEC shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred PEC Actions[Intentionally Omitted]. (i) As of the Distribution Date, PEC shall assume the responsibility of litigating the case of Clintwood Elkhorn Mining Co. v. United States, pending before the United States Court of Appeals for the Federal Circuit (the “Black Lung Case”). PEC shall receive and have the benefit of all of the proceeds of the Black Lung Case, including interest, and shall be responsible for the payment of attorneys’ fees and costs. (j) As of the Distribution Date, PEC shall assume the responsibility of litigating Consolidated Coal Co.

Case Allocation. (a) As of the Distribution Date, Patriot Spinco shall, and, as applicable, shall cause the other members of the Patriot Spinco Group to, to (i) diligently conduct, at its sole cost and expense, the defense of the Patriot Spinco Actions, including the Patriot Spinco Actions listed on Schedule 5.01(a) and any applicable future Patriot Spinco Actions; (ii) notify PEC L-3 of material litigation developments related to the Patriot Spinco Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against PEC L-3 in relation to the Patriot Spinco Actions. (b) As of the Distribution Date, PEC L-3 shall, and, as applicable, shall cause the other members of the PEC L-3 Group to, to (i) diligently conduct, at its sole cost and expense, the defense of the PEC L-3 Actions, including the PEC L-3 Actions listed on Schedule 5.01(b) and any applicable future PEC L-3 Actions; (ii) notify Patriot Spinco of material litigation developments related to the PEC L-3 Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot Spinco in relation to the PEC L-3 Actions. (c) Notwithstanding anything in this Section 5.01 to the contrary, PEC L-3 shall have the right to participate in the defense of any Patriot Action and to be represented by attorneys of its own choosing and at its sole cost and expense, and Patriot shall have the right to participate in the defense of any PEC Spinco Action and to be represented by attorneys of its own choosing and at its sole cost and expense. (d) Patriot Spinco shall indemnify and hold harmless PEC L-3 and other members of the PEC L-3 Group against Liabilities arising in connection with Patriot Spinco Actions, and PEC L-3 shall indemnify and hold harmless Patriot Spinco and other members of the Patriot Spinco Group against Liabilities arising in connection with PEC L-3 Actions, in each case, in accordance with the indemnification provisions of Article VI. (e) As of the Distribution Date, PEC L-3 shall, and, as applicable, shall cause the other members of the PEC L-3 Group to, to (i) diligently conduct the defense of the Joint Actions, including the Joint Actions listed on Schedule 5.01(e) and any applicable future Joint Actions; (ii) notify Patriot Spinco of material litigation developments related to the Joint Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot Spinco in relation to the Joint Actions; provided provided, that if it becomes clear that a Joint Action relates primarily to the Patriot Spinco Business then from and after such time such Joint Action shall instead be deemed to be a Patriot Spinco Action subject to clause (aSection 5.01(a) above, and Spinco shall promptly reimburse L-3 for any costs or expenses incurred by L-3 in connection with such Joint Action pursuant to Section 5.01(f); and provided, further, that if it becomes clear that a Joint Action does not relate primarily to the Patriot Spinco Business then from and after such time such Joint Action shall instead be deemed to be a PEC an L-3 Action subject to clause (bSection 5.01(b) above, and L-3 shall promptly reimburse Spinco for any costs or expenses incurred by Spinco in connection with such Joint Action pursuant to Section 5.01(f). PEC L-3 and Patriot Spinco shall regularly meet to review and discuss the progress of the Joint Actions and the classification thereof. Any dispute regarding whether an Action remains a In addition, Spinco shall have the right to employ separate counsel and to participate in (but not control) the defense, compromise, or settlement of any Joint Action shall be settle pursuant to the dispute resolution mechanics of Section 15.15Action, at its own expense. (f) Until such time as the respective Liabilities of the members of the PEC L-3 Group and Patriot Spinco Group are determined in connection with any Joint Action, PEC L-3 and Patriot Spinco shall each pay 50% of the cost costs and expenses associated with the defense of such Joint Action. The parties Parties agree that, to effect the foregoing sharing arrangement, counsel in connection with any Joint Action shall be instructed to render separate bills to PEC L-3 and to PatriotSpinco. In the event that PEC either Party pays any costs or expenses that are the responsibility of Patriot hereunderthe other Party hereunder (including any costs or expenses paid by either Party in connection with a Joint Action pursuant to the first sentence of this Section 5.01(f), Patriot which Joint Action is subsequently deemed to be a Spinco Action or L-3 Action, as the case may be), the responsible Party shall promptly reimburse PEC the other Party for such amounts. Patriot Spinco shall have the right to employ separate counsel to represent it and members of the Patriot Spinco Group if Patriot Spinco shall have reasonably concluded that there may be a legal defense available to members of the Patriot Spinco Group that are different from or in addition to those available to PEC L-3 or representation of both PEC L-3 (or any member of the PEC L-3 Group) and Patriot Spinco (or any member of the Patriot Spinco Group) by the same counsel would be inappropriate due to actual or potential differing interests between them, in which case fees and expenses of such counsel incurred by Patriot Spinco shall be included in the amounts allocated by the next immediately following sentence of this paragraph (fSection 5.01(f). Upon the determination of Liability of the members of the PEC L-3 Group and Patriot Spinco Group in connection with any Joint Action, Patriot Spinco shall indemnify and hold harmless PEC L-3 and other members of the PEC L-3 Group against the portion of such Liabilities relating primarily to the Patriot Spinco Business, and PEC L-3 shall indemnify and hold harmless Patriot Spinco and other members of the Patriot Spinco Group against the portion of such Liabilities relating primarily to the PEC L-3 Business, including, in each case, the costs and expenses associated with the defense of such Joint Action since the beginning of such Joint Action, which shall be allocated between PEC L-3 and Patriot Spinco in proportion to the Liability with respect to such Joint Action of members of the PEC L-3 Group, on the one hand, and members of the Patriot Spinco Group, on the other hand; provided, that in the event the respective Liabilities of the members of the L-3 Group and Spinco Group are unable to be determined with respect to any Joint Action, 50% shall be deemed to be allocated to each of the L-3 Group and Spinco Group. Indemnification pursuant to this Section 5.01(f) shall be in accordance with the indemnification provisions of Article VI. (g) As of the Distribution Date, PEC shall, and shall cause the other members of the PEC Group to, transfer those actions that are primarily related to the Patriot Business in which one or more members of the PEC Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(g) (collectively, the “Transferred Patriot Actions”), to Patriot, and Patriot shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred Patriot Actions. (h) As of the Distribution Date, Patriot shall, and shall cause the other members of the Patriot Group to, transfer those actions that are not primarily related to the Patriot Business in which one or more members of the Patriot Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(h) (collectively, the “Transferred PEC Actions”), to PEC, and PEC shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred PEC Actions. (i) As of the Distribution Date, PEC shall assume the responsibility of litigating the case of Clintwood Elkhorn Mining Co. v. United States, pending before the United States Court of Appeals for the Federal Circuit (the “Black Lung Case”). PEC shall receive and have the benefit of all of the proceeds of the Black Lung Case, including interest, and shall be responsible for the payment of attorneys’ fees and costs. (j) As of the Distribution Date, PEC shall assume the responsibility of litigating Consolidated Coal Co.

Case Allocation. (a) As of the Distribution DateEffective Time, Patriot Spinco shall (i) diligently conduct, at its sole cost and expense, the defense of the Spinco Actions and any applicable future Spinco Actions; (ii) notify Parent of material litigation developments related to the Spinco Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Parent in relation to the Spinco Actions. (b) As of the Effective Time, Parent shall, and, as applicable, shall cause the other members of the Patriot Parent Group to, (i) diligently conduct, at its sole cost and expense, the defense of the Patriot Actions, including the Patriot Parent Actions listed on Schedule 5.01(a) and any applicable future Patriot Actions; (ii) notify PEC of material litigation developments related to the Patriot Parent Actions; and (iiiii) agree not to file any cross claim or institute separate legal proceedings against PEC Spinco in relation to the Patriot Actions. (b) As of the Distribution Date, PEC shall, and, as applicable, shall cause the other members of the PEC Group to, (i) diligently conduct, at its sole cost and expense, the defense of the PEC Actions, including the PEC Actions listed on Schedule 5.01(b) and any applicable future PEC Actions; (ii) notify Patriot of material litigation developments related to the PEC Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot in relation to the PEC Parent Actions. (c) Notwithstanding anything in this Section 5.01 5.1 to the contrary, PEC Parent shall have the right to participate in the defense of any Patriot Action and to be represented by attorneys of its own choosing and at its sole cost and expense, and Patriot shall have the right to participate in the defense of any PEC Spinco Action and to be represented by attorneys of its own choosing and at its sole cost and expense. (d) Patriot Spinco shall indemnify and hold harmless PEC Parent and other members of the PEC Parent Group against Liabilities arising in connection with Patriot Spinco Actions, and PEC Parent shall indemnify and hold harmless Patriot Spinco and other members of the Patriot Group Spinco against Liabilities arising in connection with PEC Parent Actions, in each case, in accordance with the indemnification provisions of Article VI. (e) As of the Distribution DateEffective Time, PEC Parent shall, and, as applicable, shall cause the other members of the PEC Group Parent to, (i) diligently conduct the defense of the Joint Actions and any applicable future Joint Actions; (ii) notify Patriot Spinco of material litigation developments related to the Joint Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against Patriot Spinco in relation to the Joint Actions; provided that if it becomes clear that a Joint Action relates primarily to the Patriot Spinco Business then from and after such time such Joint Action shall instead be deemed to be a Patriot Spinco Action subject to clause (a) above; and provided, further, that if it becomes clear that a Joint Action does not relate primarily to the Patriot Spinco Business then from and after such time such Joint Action shall instead be deemed to be a PEC Parent Action subject to clause (b) above. PEC Parent and Patriot Spinco shall regularly meet to review and discuss the progress of the Joint Actions and the classification thereof. Any dispute regarding whether an Action remains a Joint Action shall be settle settled pursuant to the dispute resolution mechanics of Section 15.159.15. (f) Until such time as the respective Liabilities of the members of the PEC Group Parent and Patriot Spinco Group are determined in connection with any Joint Action, PEC Parent and Patriot Spinco shall each pay fifty percent (50% %) of the cost and expenses associated with the defense of such Joint Action. The parties agree that, to effect the foregoing sharing arrangement, counsel in connection with any Joint Action shall be instructed to render separate bills to PEC Parent and to PatriotSpinco. In the event that PEC either Party pays any costs or expenses that are the responsibility of Patriot the other Party hereunder, Patriot the responsible Party shall promptly reimburse PEC the other Party for such amounts. Patriot Spinco shall have the right to employ separate counsel to represent it and Spinco and/or any members of the Patriot Spinco Group if Patriot Spinco shall have reasonably concluded that there may be a legal defense available to members of the Patriot Group Spinco that are different from or in addition to those available to PEC Parent or representation of both PEC Parent (or any member of the PEC Parent Group) and Patriot Spinco (or any member of the Patriot Spinco Group) by the same counsel would be inappropriate due to actual or potential differing interests between them, in which case fees and expenses of such counsel incurred by Patriot Spinco shall be included in the amounts allocated by the next sentence of this paragraph (f). Upon the determination of Liability of the members of the PEC Parent Group and Patriot Spinco Group in connection with any Joint Action, Patriot Spinco shall indemnify and hold harmless PEC Parent and other members of the PEC Group Parent against the portion of such Liabilities relating primarily to the Patriot Spinco Business, and PEC Parent shall indemnify and hold harmless Patriot Spinco (and other any members of the Patriot Group Spinco Group) against the portion of such Liabilities relating primarily to the PEC Parent Business, including, in each case, the costs and expenses associated with the defense of such Joint Action since the beginning of such Joint Action, which shall be allocated between PEC Parent and Patriot Spinco in proportion to the Liability with respect to such Joint Action of members of the PEC GroupParent, on the one hand, and members of the Patriot GroupSpinco, on the other hand. Indemnification pursuant to this Section 5.01(f5.1(f) shall be in accordance with the indemnification provisions of Article VI. (g) As of the Distribution Date, PEC shall, and shall cause the other members of the PEC Group to, transfer those actions that are primarily related to the Patriot Business in which one or more members of the PEC Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(g) (collectively, the “Transferred Patriot Actions”), to Patriot, and Patriot shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred Patriot Actions. (h) As of the Distribution Date, Patriot shall, and shall cause the other members of the Patriot Group to, transfer those actions that are not primarily related to the Patriot Business in which one or more members of the Patriot Group is a plaintiff or claimant, all of which are listed in Schedule 5.01(h) (collectively, the “Transferred PEC Actions”), to PEC, and PEC shall be responsible for the continued prosecution of such Actions, and for costs and expenses thereof, and shall receive and have the benefit of all of the proceeds of the Transferred PEC Actions. (i) As of the Distribution Date, PEC shall assume the responsibility of litigating the case of Clintwood Elkhorn Mining Co. v. United States, pending before the United States Court of Appeals for the Federal Circuit (the “Black Lung Case”). PEC shall receive and have the benefit of all of the proceeds of the Black Lung Case, including interest, and shall be responsible for the payment of attorneys’ fees and costs. (j) As of the Distribution Date, PEC shall assume the responsibility of litigating Consolidated Coal Co.