Common use of COOPERATION RE Clause in Contracts

COOPERATION RE. ASSETS In the case that at any time after the Distribution Date, Evercel reasonably determines that any of the ERC Retained Assets are essential for the conduct of the Evercel Business, or ERC reasonably determines that any of the Evercel Assets are essential for the conduct of the ERC Retained Business, and the nature of such assets makes it impracticable for Evercel or ERC, as the case may be, to obtain substitute assets or to make alternative arrangements on commercially reasonable terms to conduct their respective businesses, and reasonable provisions for the use thereof are not already included in the Related Agreements, then Evercel (with respect to the Evercel Assets) and ERC (with respect to the ERC Retained Assets) shall cooperate to make such assets available to the appropriate party on commercially reasonable terms, as may be reasonably required for such party to maintain normal business operations (provided that such assets shall be required to be made available only until such time as the other party may reasonably obtain substitute assets or make alternative arrangements on commercially reasonable terms to permit it to maintain normal business operations).

Appears in 4 contracts

Samples: Tax Sharing Agreement (Evercel Inc), Distribution Agreement (Energy Research Corp /Ny/), Distribution Agreement (Evercel Inc)

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