Common use of Claims Committee Clause in Contracts

Claims Committee. Any of the parties may refer any dispute regarding the provisions of this Agreement to the Claims Committee for resolution. All determinations of the Claims Committee, if unanimous, shall be binding on all of the parties and their respective successors and assigns. The Claims Committee shall reach a resolution that minimizes expenses for all parties and seeks to avoid hiring multiple counsel. In the event a Liability arises from both an event, act or omission relating primarily to the Southern Energy Business and an event, act or omission relating primarily to the Southern Business, the Claims Committee shall apportion the Liability in accordance with comparative fault, and it may re-apportion the Liability as it learns of additional facts bearing on that assessment. In the event that the Claims Committee cannot reach a unanimous determination as to the nature, status or handling of any such claims within thirty (30) days after such referral (unless the Claims Committee unanimously agrees to a longer time period), the issue will be submitted for resolution pursuant to the procedures set forth in the dispute resolution provisions contained in Section 5.7 of the Separation Agreement; provided, that the provisions of this Section 1.4(b) shall supercede the requirements of the second sentence of Section 5.7(a) of the Separation Agreement.

Claims Committee. Any of the parties may refer any dispute regarding the provisions of this Agreement Article I to the Claims Committee for resolution. All determinations of the Claims Committee, if unanimous, shall be binding on all of the parties and their respective successors and assigns. The Claims Committee shall reach a resolution that minimizes expenses for all parties and seeks to avoid hiring multiple counsel. In the event a Liability arises from both an event, act or omission relating primarily to the Southern Energy Business and an event, act or omission relating primarily to the Southern Business, the Claims Committee shall apportion the Liability in accordance with comparative fault, and it may re-apportion the Liability as it learns of additional facts bearing on that assessment. In the event that the Claims Committee cannot reach a unanimous determination as to the nature, status or handling of any such claims within thirty (30) days after such referral (unless the Claims Committee unanimously agrees to a longer time period), the issue will be submitted for resolution pursuant to the procedures set forth in the dispute resolution provisions contained in Section 5.7 of the Separation Agreement; provided, that the provisions of this Section 1.4(b) shall supercede the requirements of the second sentence of Section 5.7(a) of the Separation Agreement.

Claims Committee. Any of the parties may refer any dispute regarding the provisions of this Agreement Article II to the Claims Committee for resolution. All determinations of the Claims Committee, if unanimous, shall be binding on all of the parties and their respective successors and assigns. The Claims Committee shall reach a resolution that minimizes expenses for all parties and seeks to avoid hiring multiple counsel. In the event a Liability arises from both an event, act or and omission relating primarily to the Southern Energy Supply Holdco Business and an event, act or omission relating primarily to the Southern Allegheny Business, the Claims Committee shall apportion the Liability in accordance with comparative fault, and it may re-apportion the Liability as it learns of additional facts bearing on that assessment. In the event that the Claims Committee cannot reach a unanimous determination as to the nature, status or handling of any such claims within thirty (30) days after such referral (unless the Claims Committee unanimously agrees to a longer time period), the issue will be submitted for resolution pursuant to the procedures set forth in the dispute resolution provisions contained in Section 5.7 6.7 of the Master Separation Agreement; provided, that the provisions of this Section 1.4(b2.5(b) shall supercede the requirements of the second sentence of Section 5.7(a6.7(a) of the Master Separation Agreement.