Common use of Cooperation in Litigation Clause in Contracts

Cooperation in Litigation. At the Company's reasonable request, Employee shall use his good faith efforts to cooperate with the Company, its Affiliates, and each of its and their respective attorneys or other legal representatives ("Attorneys") in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, that, Employee’s cooperation is essential to the Company's case. Employee’s duty of cooperation will include, but not be limited to (a) meeting with the Company's and/or its Affiliates' Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully Employee’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's, its Affiliates' and/or their Attorneys' request (and, to the extent possible, at a time convenient to Employee that does not conflict with the needs or requirements of Employee’s then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully Employee’s knowledge of matters at issue; and (c) signing at the Company's, its Affiliates' and/or their Attorneys' request declarations or affidavits that truthfully state matters of which Employee has knowledge. The Company shall reimburse Employee for the reasonable expenses incurred by him in the course of his cooperation hereunder and shall pay to Employee per diem compensation in an amount equal to the daily prorated portion of the Employee’s base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.

Cooperation in Litigation. At the Company's ’s reasonable request, the Employee shall use his good faith efforts to cooperate with the Company, its Affiliatesaffiliates, and each of its and their respective attorneys or other legal representatives ("Attorneys"“Attorneys ”) in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company or its affiliates and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, that, the Employee’s cooperation is essential to the Company's ’s case. The Employee’s duty of cooperation will include, but not be limited to to: (a) meeting with the Company's ’s and/or its Affiliates' affiliates’ Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully the Employee’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' ’ request (and, to the extent possible, at a time convenient to the Employee that does not conflict with the needs or requirements of the Employee’s then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully the Employee’s knowledge of matters at issue; and (c) signing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' request ’ request, declarations or affidavits that truthfully state matters of which the Employee has knowledge. The Company shall reimburse the Employee for the reasonable expenses incurred by him in the course of his cooperation hereunder and shall pay to the Employee per diem compensation in an amount equal to the daily prorated portion of the Employee’s base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.

Cooperation in Litigation. At the Company's ’s reasonable request, the Employee shall use his good faith efforts to cooperate with the Company, its Affiliatesaffiliates, and each of its and their respective attorneys or other legal representatives ("“Attorneys"”) in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company or its ​ affiliates and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, provided that, the Employee’s cooperation is essential to the Company's ’s case. The Employee’s duty of cooperation will include, but not be limited to (a) meeting with the Company's ’s and/or its Affiliates' affiliates’ Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully the Employee’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' ’ request (and, to the extent possible, at a time convenient to the Employee that does not conflict with the needs or requirements of the Employee’s then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully the Employee’s knowledge of matters at issue; and (c) signing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' request ’ request, declarations or affidavits that truthfully state matters of which the Employee has knowledge. The Company shall reimburse the Employee for the reasonable expenses incurred by him in the course of his cooperation hereunder and shall pay to the Employee per diem compensation in an amount equal to the daily prorated portion of the Employee’s base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.

Cooperation in Litigation. At the Company's ’s reasonable request, the Employee shall use his good faith efforts to cooperate with the Company, its Affiliatesaffiliates, and each of its and their respective attorneys or other legal representatives ("“Attorneys"”) in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company or its affiliates and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, provided that, the Employee’s cooperation is essential to the Company's ’s case. The Employee’s duty of cooperation will include, but not be limited to (a) meeting with the Company's ’s and/or its Affiliates' affiliates’ Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully the Employee’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' ’ request (and, to the extent possible, at a time convenient to the Employee that does not conflict with the needs or requirements of the Employee’s then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully the Employee’s knowledge of matters at issue; and (c) signing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' request ’ request, declarations or affidavits that truthfully state matters of which the Employee has knowledge. The Company shall reimburse the Employee for the reasonable expenses incurred by him in the course of his cooperation hereunder and shall pay to the Employee per diem compensation in an amount equal to the daily prorated portion of the Employee’s base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.

Cooperation in Litigation. At the Company's ’s reasonable request, Employee Executive shall use his good faith efforts to cooperate with the Company, its Affiliates, and each of its and their respective attorneys or other legal representatives ("“Attorneys"”) in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, that, EmployeeExecutive’s cooperation is essential to the Company's ’s case. EmployeeExecutive’s duty of cooperation will shall include, but not be limited to (a) meeting with the Company's ’s and/or its Affiliates' ’ Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully EmployeeExecutive’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's’s, its Affiliates' ’ and/or their Attorneys' ’ request (and, to the extent possible, at a time convenient to Employee Executive that does not conflict with the needs or requirements of EmployeeExecutive’s then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully EmployeeExecutive’s knowledge of matters at issue; and (c) signing at the Company's’s, its Affiliates' ’ and/or their Attorneys' ’ request declarations or affidavits that truthfully state matters of which Employee Executive has knowledge. The Company shall reimburse Employee Executive for the reasonable expenses incurred by him in the course of his cooperation hereunder and shall pay to Employee Executive per diem compensation in an amount equal to the daily prorated prorate portion of the EmployeeExecutive’s base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.

Cooperation in Litigation. At the Company's ’s reasonable request, Employee shall use his good faith efforts to cooperate with the Company, its Affiliates, and each of its and their respective attorneys or other legal representatives ("“Attorneys"”) in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, that, Employee’s cooperation is essential to the Company's ’s case. Employee’s duty of cooperation will include, but not be limited to (a) meeting with the Company's ’s and/or its Affiliates' ’ Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully Employee’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's’s, its Affiliates' ’ and/or their Attorneys' ’ request (and, to the extent possible, at a time convenient to Employee that does not conflict with the needs or requirements of Employee’s then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully Employee’s knowledge of matters at issue; and (c) signing at the Company's’s, its Affiliates' ’ and/or their Attorneys' ’ request declarations or affidavits that truthfully state matters of which Employee has knowledge. The Company shall reimburse Employee for the reasonable expenses incurred by him in the course of his cooperation hereunder and shall pay to Employee per diem compensation in an amount equal to the daily prorated portion of the Employee’s base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.

Cooperation in Litigation. At the Company's ’s reasonable request, the Employee shall use his good faith efforts to cooperate with the Company, its Affiliatesaffiliates, and each of its and their respective attorneys or other legal representatives ("“Attorneys"”) in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company or its affiliates and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, that, the Employee’s cooperation is essential to the Company's ’s case. The Employee’s duty of cooperation will include, but not be limited to to: (a) meeting with the Company's ’s and/or its Affiliates' affiliates’ Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully the Employee’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' ’ request (and, to the extent possible, at a time convenient to the Employee that does not conflict with the needs or requirements of the Employee’s then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully the Employee’s knowledge of matters at issue; and (c) signing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' request ’ request, declarations or affidavits that truthfully state matters of which the Employee has knowledge. The Company shall reimburse the Employee for the reasonable expenses incurred by him in the course of his cooperation hereunder and shall pay to the Employee per diem compensation in an amount equal to the daily prorated portion of the Employee’s base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.

Cooperation in Litigation. At the Company's ’s reasonable request, Employee Executive shall use his good faith efforts to cooperate with the Company, its Affiliatesaffiliates, and each of its and their respective attorneys or other legal representatives ("“Attorneys"”) in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, that, EmployeeExecutive’s cooperation is essential to the Company's ’s case. EmployeeExecutive’s duty of cooperation will include, but not be limited to (a) meeting with the Company's ’s and/or its Affiliates' affiliates’ Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully EmployeeExecutive’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' ’ request (and, to the extent possible, at a time convenient to Employee Executive that does not conflict with the needs or requirements of EmployeeExecutive’s then-current employeremployer or Executive’s professional engagements or obligations) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully EmployeeExecutive’s knowledge of matters at issue; and (c) signing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' ’ request declarations or affidavits that truthfully state matters of which Employee Executive has knowledge. The Company shall reimburse Employee Executive for the reasonable costs and expenses incurred by him in the course of his cooperation hereunder hereunder, including reasonable attorney’s fees and costs, and shall pay to Employee Executive per diem compensation in an amount equal to the daily prorated portion of the EmployeeExecutive’s base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 10 shall survive any termination or revocation of this ReleaseAgreement.

Cooperation in Litigation. At the Company's reasonable request, the Employee shall use his good faith efforts to cooperate with the Company, its AffiliatesAffiliates (as defined in the Agreement), and each of its and their respective attorneys or other legal representatives ("“Attorneys"”) in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company or its Affiliates and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, that, the Employee’s 's cooperation is essential to the Company's case. The Employee’s 's duty of cooperation will include, but not be limited to to: (a) meeting with the Company's and/or its Affiliates' Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully the Employee’s 's knowledge of matters at issue and recollection of events; (b) appearing at the Company's, its Affiliates' and/or their Attorneys' request (and, to the extent possible, at a time convenient to the Employee that does not conflict with the needs or requirements of the Employee’s 's then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully the Employee’s 's knowledge of matters at issue; and (c) signing at the Company's, its Affiliates' and/or their Attorneys' request request, declarations or affidavits that truthfully state matters of which the Employee has knowledge. The Company shall reimburse the Employee for the reasonable expenses incurred by him in the course of his cooperation hereunder and shall pay to the Employee per diem compensation in an amount equal to the daily prorated portion of the Employee’s 's base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.

Cooperation in Litigation. At the Company's reasonable request, Employee shall use his good faith efforts to cooperate with the Company, its Affiliates, and each of its and their respective attorneys or other legal representatives ("Attorneys") in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, that, Employee’s 's cooperation is essential to the Company's case. Employee’s 's duty of cooperation will include, but not be limited to to (a) meeting with the Company's and/or its Affiliates' Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully Employee’s 's knowledge of matters at issue and recollection of events; (b) appearing at the Company's, its Affiliates' and/or their Attorneys' request (and, to the extent possible, at a time convenient to Employee that does not conflict with the needs or requirements of Employee’s 's then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully Employee’s 's knowledge of matters at issue; and (c) signing at the Company's, its Affiliates' and/or their Attorneys' request declarations or affidavits that truthfully state matters of which Employee has knowledge. The Company shall reimburse Employee for the reasonable expenses incurred by him in the course of his cooperation hereunder and shall pay to Employee per diem compensation in an amount equal to the daily prorated portion of the Employee’s 's base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.

Cooperation in Litigation. At the Company's ’s reasonable request, request the Employee shall use his good faith efforts to cooperate with the Company, its Affiliatesaffiliates, and each of its and their respective attorneys or other legal representatives ("“Attorneys"”) in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company or its affiliates and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, that, the Employee’s cooperation is essential to the Company's ’s case. The Employee’s duty of cooperation will include, but not be limited to to: (a) meeting with the Company's ’s and/or its Affiliates' affiliates’ Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully the Employee’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' Attorneys request (and, to the extent possible, at a time convenient to the Employee that does not conflict with the needs or requirements of the Employee’s then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully the Employee’s knowledge of matters at issue; and (c) signing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' Attorneys ’ request declarations or affidavits that truthfully state matters of which the Employee has knowledge. The Company shall reimburse the Employee for the reasonable expenses incurred by him in the course of his cooperation hereunder and shall pay to the Employee per diem compensation in an amount equal to the daily prorated portion of the Employee’s base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.

Cooperation in Litigation. At the Company's ’s reasonable request, the Employee shall use his good faith efforts to cooperate with the Company, its Affiliatesaffiliates, and each of its and their respective attorneys or other legal representatives ("“Attorneys"”) in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company or its ​ affiliates and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, provided that, the Employee’s cooperation is essential to the Company's ’s case. The Employee’s duty of cooperation will include, but not be limited to (a) meeting with the Company's ’s and/or its Affiliates' affiliates’ Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully the Employee’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' ’ request (and, to the extent possible, at a time convenient to the Employee that does not conflict with the needs or requirements of the Employee’s then-current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully the Employee’s knowledge of matters at issue; and (c) signing at the Company's’s, its Affiliates' affiliates’ and/or their Attorneys' request ’ request, declarations or affidavits that truthfully state matters of which the Employee has knowledge. The Company shall reimburse the Employee for the reasonable expenses incurred by him in the course of his her cooperation hereunder and shall pay to the Employee per diem compensation in an amount equal to the daily prorated portion of the Employee’s base salary immediately prior to the Termination Date. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.

Cooperation in Litigation. At the Company's ’s reasonable request, the Employee shall use his his/her good faith efforts to cooperate with the Company, its AffiliatesAffiliates (as defined in the Agreement), and each of its and their respective attorneys or other legal representatives ("Attorneys"“Attorneys “) in connection with any claim, litigation or judicial or arbitral proceeding which is material to the Company or its Affiliates and is now pending or may hereinafter be brought against the Released Parties by any third party; provided, that, the Employee’s cooperation is essential to the Company's ’s case. The Employee’s duty of cooperation will include, but not be limited to to: (a) meeting with the Company's ’s and/or its Affiliates' ’ Attorneys by telephone or in person at mutually convenient times and places in order to state truthfully the Employee’s knowledge of matters at issue and recollection of events; (b) appearing at the Company's’s, its Affiliates' ’ and/or their Attorneys' ’ request (and, to the extent possible, at a time convenient to the Employee that does not conflict with the needs or requirements of the Employee’s then-then current employer) as a witness at depositions or trials, without necessity of a subpoena, in order to state truthfully the Employee’s knowledge of matters at issue; and (c) signing at the Company's’s, its Affiliates' ’ and/or their Attorneys' request ’ request, declarations or affidavits that truthfully state matters of which the Employee has knowledge. The Company shall reimburse the Employee for the reasonable expenses incurred by him in the course of his cooperation hereunder and shall pay to the Employee per diem compensation in an amount equal to the daily prorated portion of $5,000 per day. The Company will fully indemnify and hold harmless the Employee for any actions associated with any related litigation services, and will provide such protections and indemnification as if the Employee were an officer of the Company, provided that such rights shall not apply in the case of Employee’s base salary immediately prior to the Termination Dategross negligence, willful misconduct or fraud. The obligations set forth in this Section 8 shall survive any termination or revocation of this Release.