Control of Litigation. The Parties agree and acknowledge that Sellers shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigation or other activities arising out of or related to any Excluded Liabilities and Buyer agrees to cooperate with Sellers in connection therewith.
Appears in 3 contracts
Samples: Asset Purchase Agreement (New York State Electric & Gas Corp), Asset Purchase Agreement (Niagara Mohawk Power Corp /Ny/), Asset Purchase Agreement (Ch Energy Group Inc)
Control of Litigation. The Parties agree and acknowledge that Sellers Seller shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigation or other activities arising out of or related to any Excluded Liabilities Liabilities, and Buyer agrees to cooperate with Sellers Seller (at Seller's expense) in connection therewith, including, without limitation, providing access to any relevant real or personal property and staff transferred to Buyer pursuant to this Agreement, so long as such defense, settlement or other activities do not unreasonably interfere with Buyer's operation of the Facilities.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Illinois Power Co), Asset Purchase Agreement (Illinova Corp)
Control of Litigation. The Parties agree and acknowledge that Sellers shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigation or other Remediation activities (including without limitation any environmental mitigation or Remediation activities), arising out of or related to any Excluded Liabilities Liabilities, and Buyer agrees to cooperate with Sellers fully in connection therewith.. ARTICLE III THE
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Control of Litigation. The At all times from and after the date hereof, the Parties agree and acknowledge that Sellers shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigation or other activities remediation activity arising out of or related to any Excluded Liabilities Retained Assets or Retained Liabilities, and Buyer agrees to cooperate with Sellers fully in connection therewith.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (Ch Energy Group Inc)
Control of Litigation. The Parties agree and acknowledge that Sellers Seller shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigation or other activities arising out of or related to any Excluded Liabilities and Buyer agrees to cooperate with Sellers Seller in connection therewith.
Appears in 1 contract
Samples: Asset Purchase Agreement (Niagara Mohawk Power Corp /Ny/)
Control of Litigation. The Parties agree and acknowledge ----------------------- that Sellers shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigation or other Remediation activities (including without limitation any environmental mitigation or Remediation activities), arising out of or related to any Excluded Liabilities Liabilities, and Buyer agrees to cooperate with Sellers fully in connection therewith.
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Control of Litigation. The Parties agree and acknowledge that Sellers Seller shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigation or other activities remediation activity arising out of or related to any Excluded Liabilities Retained Liabilities, and each Buyer agrees to cooperate with Sellers fully in connection therewith.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (Allegheny Energy Inc)
Control of Litigation. The Parties agree and acknowledge that Sellers shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigation or other Remediation activities (including without limitation any environmental mitigation or Remediation activities), arising out of or related to any Excluded Liabilities Liabilities, so long as such defense, settlement or other activities do not unreasonably interfere with Buyer's operation of the Facilities, and Buyer agrees to cooperate with Sellers (at Sellers' expense) in connection therewith.
Appears in 1 contract
Samples: Asset Purchase Agreement (Pennsylvania Electric Co)
Control of Litigation. The Parties agree and acknowledge that Sellers --------------------- shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigation or other activities arising out of or related to any Excluded Liabilities and Buyer agrees to cooperate with Sellers in connection therewith.
Appears in 1 contract
Samples: Asset Purchase Agreement (Rochester Gas & Electric Corp)
Control of Litigation. The Parties agree and acknowledge that Sellers shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigation or other Remediation activities (including without limitation any environmental mitigation or Remediation activities), arising out of or related to any Excluded Liabilities Liabilities, and Buyer agrees to cooperate with Sellers fully in connection therewith.
Appears in 1 contract
Samples: Asset Purchase Agreement (Pennsylvania Electric Co)
Control of Litigation. The At all times from and after the date hereof, the Parties agree and acknowledge that Sellers Seller shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigation or other activities remediation activity arising out of or related to any Excluded Liabilities Retained Assets or Retained Liabilities, and Buyer agrees to cooperate with Sellers fully in connection therewith.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (Ch Energy Group Inc)