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.
Appears in 5 contracts
Samples: Separation Agreement (Patriot Coal CORP), Separation Agreement (Peabody Energy Corp), Separation Agreement (Patriot Coal CORP)
