Common use of Certain Case Allocation Matters Clause in Contracts

Certain Case Allocation Matters. The Parties agree that if any Action not set forth on Schedules 1.01(b) through 1.01(g) involves separate and distinct claims that, if not joined in a single Action, would constitute separate Exclusive Contingent Losses of two or more Parties, they will use their commercially reasonable efforts to segregate such separate and distinct claims so that the Liabilities associated with each such claim (including all costs and expenses) shall be treated as Exclusive Contingent Losses of the appropriate Party and so that each Party shall have the rights and obligations with respect to each such claim (including pursuant to Article IV) as would have been applicable had such claims been commenced as separate Actions. Notwithstanding the foregoing provisions, this Section 6.06 shall not apply to any separate and distinct claim that is de minimis or frivolous in nature.

Certain Case Allocation Matters. The Parties parties hereto agree that if any Action not set forth on Schedules 1.01(b) through 1.01(g) 1.2, 1.3, 1.4, 1.5, 1.7 or 1.8 involves separate and distinct claims that, if not joined in a single Action, would constitute separate Exclusive Contingent Losses Liabilities of two or more Partiesparties, they will use their commercially reasonable best efforts to segregate such separate and distinct claims so that the Liabilities associated with each such claim (including all costs and expenses) shall be treated as Exclusive Contingent Losses Liabilities of the appropriate Party party and so that each Party party shall have the rights and obligations with respect to each such claim (including pursuant to Article IVV) as would have been applicable had such claims been commenced as separate Actions. Notwithstanding the foregoing provisions, this Section 6.06 6.6 shall not apply to any separate and distinct claim that is de minimis or frivolous in nature.

Certain Case Allocation Matters. The Parties agree that if any Action not set forth on Schedules 1.01(b) through 1.01(g) involves separate and distinct claims that, if not joined in a single Action, would constitute separate Exclusive Contingent Losses of two or more Partiesparties, they will use their commercially reasonable efforts to segregate such separate and distinct claims so that the Liabilities associated with each such claim (including all costs and expenses) shall be treated as Exclusive Contingent Losses of the appropriate Party and so that each Party shall have the rights and obligations with respect to each such claim (including pursuant to Article IV) as would have been applicable had such claims been commenced as separate Actions. Notwithstanding the foregoing provisions, this Section 6.06 shall not apply to any separate and distinct claim that is de minimis or frivolous in nature.

Certain Case Allocation Matters. The Parties parties agree that if any Action not set forth on Schedules 1.01(b) through 1.01(g) 1.2, 1.3, 1.4, 1.5, 1.7 or 1.8 involves separate and distinct claims that, if not joined in a single Action, would constitute separate Exclusive Contingent Losses Liabilities of two or more Partiesparties, they will use their commercially reasonable best efforts to segregate such separate and distinct claims so that the Liabilities associated with each such claim (including all costs and expenses) shall be treated as Exclusive Contingent Losses Liabilities of the appropriate Party party and so that each Party party shall have the rights and obligations with respect to each such claim (including pursuant to Article IVV) as would have been applicable had such claims been commenced as separate Actions. Notwithstanding the foregoing provisions, this Section 6.06 6.6 shall not apply to any separate and distinct claim that is de minimis or frivolous in nature.