Common use of Control of Certain Claims and Certain Transactions Clause in Contracts

Control of Certain Claims and Certain Transactions. (A) With respect to each Conflict Circumstance, the Nonconflicted General Partner (through its Representatives) shall have the sole and exclusive power and right for and on behalf, and at the sole expense, of the Partnership (i) to control (including the right from time to time, in its discretion, to make delegations to officers or employees of the Partnership as to) all decisions, elections, notifications, actions, exercises or nonexercises and waivers of all rights, privileges and remedies provided to, or possessed by, the Partnership with respect to a Conflict Circumstance and (ii) in the event of any potential, threatened or asserted claim, dispute or action with respect to such Conflict Circumstance, to retain and direct legal counsel and to control, assert, enforce, defend, litigate, mediate, arbitrate, settle, compromise or waive any and all such claims, disputes and actions. Accordingly, Partnership Governance Committee Action with respect to a Conflict Circumstance shall require only the approval of the Representatives of the Nonconflicted General Partner. As used herein, the term "

Control of Certain Claims and Certain Transactions. (A1) With respect to each Conflict Circumstance, the Nonconflicted General Partner (through its Representatives) shall have the sole and exclusive power and right for and on behalf, and at the sole expense, of the Partnership (i) to control (including the right from time to time, in its discretion, to make delegations to officers or employees of the Partnership as to) all decisions, elections, notifications, actions, exercises or nonexercises and waivers of all rights, privileges and remedies provided to, or possessed by, the Partnership with respect to a Conflict Circumstance and (ii) in the event of any potential, threatened or asserted claim, dispute or action with respect to such Conflict Circumstance, to retain and direct legal counsel and to control, assert, enforce, defend, litigate, mediate, arbitrate, settle, compromise or waive any and all such claims, disputes and actions. Accordingly, Partnership Governance Committee Action with respect to a Conflict Circumstance shall require only the approval of the Representatives of the Nonconflicted General Partner. As used herein, the term "