Common use of FUTURE CLAIMANTS' REPRESENTATIVE'S EMPLOYMENT OF PROFESSIONALS Clause in Contracts

FUTURE CLAIMANTS' REPRESENTATIVE'S EMPLOYMENT OF PROFESSIONALS. (a) The Future Claimants' Representative may but is not required to retain and/or consult counsel, accountants, appraisers, auditors, forecasters, experts, and financial and investment advisors, and such other parties deemed by the Future Claimants' Representative to be qualified as experts on matters submitted to the Future Claimants' Representative (the "PROFESSIONALS"). The Future Claimants' Representative and his or her experts shall at all times have complete access to the PI Trust's officers, employees and agents, as well as to the Professionals retained by the PI Trust, and shall also have complete access to all information generated by them or otherwise available to the PI Trust or the Trustees. In the absence of gross negligence, the written opinion of or information provided by any Professional deemed by the Future Claimants' Representative to be qualified as an expert on the particular matter submitted to the Future Claimants' Representative shall be full and complete authorization and protection in support of any action taken or not taken by the Future Claimants' Representative in good faith and in accordance with the written opinion of or information provided by the Professional. (b) The Trust shall promptly reimburse, or pay directly if so instructed, the Future Claimants' Representative for all reasonable fees and costs associated with the Future Claimants' Representative's employment of legal counsel pursuant to this provision in connection with the Future Claimants' Representative's performance of his or her duties hereunder. The Trust shall also promptly reimburse, or pay directly if so instructed, the Future Claimants' Representative for all reasonable fees and costs associated with the Future Claimants' Representative's employment of any other Professionals pursuant to this provision in connection with the Future Claimants' Representative's performance of his or her duties hereunder; provided, however, that (i) the Future Claimants' Representative has first submitted to the Trust a written request for such reimbursement setting forth the reasons (A) why the Future Claimants' Representative desires to employ the Professional, and (B) why the Future Claimants' Representative cannot rely on Professionals retained by the Trust to meet the need of the Future Claimants' Representative for such expertise or advice, and (ii) the Trust has approved the Future Claimants' Representative's request for reimbursement in writing. If the Trust agrees to pay for the Future Claimants' Representative's Professional, such reimbursement shall be treated as a Trust Expense. If the Trust declines to pay for the Future Claimants' Representative's Professional, it must set forth its reasons in writing. If the Future Claimants' Representative still desires to employ the Professional at Trust expense, the Future Claimants' Representative and/or the Trustees shall resolve their dispute pursuant to Section 7.13 below.

Appears in 2 contracts

Samples: Asbestos Personal Injury Settlement Trust Agreement (Armstrong Holdings Inc /Pa/), Asbestos Personal Injury Settlement Trust Agreement (Armstrong World Industries Inc)

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FUTURE CLAIMANTS' REPRESENTATIVE'S EMPLOYMENT OF PROFESSIONALS. (a) The Future Claimants' Claimants Representative may but is not required to retain and/or consult counsel, accountants, appraisers, auditors, forecasters, experts, and financial and investment advisors, and such other parties deemed by the Future Claimants' Claimants Representative to be qualified as experts on matters submitted to the Future Claimants' Claimants Representative (the "PROFESSIONALS"“FCR Professionals”). The Future Claimants' Claimants Representative and his or her experts shall at all times have complete access to the PI U.S. Asbestos Trust's ’s officers, employees and agents, as well as to the Professionals retained by the PI U.S. Asbestos Trust, and shall also have complete access to all information generated by them or otherwise available to the PI U.S. Asbestos Trust or the Trustees. In the absence of gross negligence, the written opinion of or information provided by any FCR Professional deemed by the Future Claimants' Claimants Representative to be qualified as an expert on the particular matter submitted to the Future Claimants' Claimants Representative shall be full and complete authorization and protection in support of any action taken or not taken by the Future Claimants' Claimants Representative in good faith and in accordance with the written opinion of or information provided by the FCR Professional. (b) The U.S. Asbestos Trust shall promptly reimburse, or pay directly if so instructed, the Future Claimants' Claimants Representative for all reasonable fees and costs associated with the Future Claimants' Claimants Representative's ’s employment of legal counsel pursuant to this provision in connection with the Future Claimants' Claimants Representative's ’s performance of his or her duties hereunder. The U.S. Asbestos Trust shall also promptly reimburse, or pay directly if so instructed, the Future Claimants' Claimants Representative for all reasonable fees and costs associated with the Future Claimants' Claimants Representative's ’s employment of any other FCR Professionals pursuant to this provision in connection with the Future Claimants' Claimants Representative's ’s performance of his or her duties hereunder; provided, however, that (i) the Future Claimants' Claimants Representative has first submitted to the U.S. Asbestos Trust a written request for such reimbursement setting forth the reasons (A) why the Future Claimants' Claimants Representative desires to employ the FCR Professional, and (B) why the Future Claimants' Claimants Representative cannot rely on Professionals retained by the U.S. Asbestos Trust to meet the need of the Future Claimants' Claimants Representative for such expertise or advice, and (ii) the U.S. Asbestos Trust has approved the Future Claimants' Claimants Representative's ’s request for reimbursement in writing. If the U.S. Asbestos Trust agrees to pay for the Future Claimants' Representative's FCR’s Professional, such reimbursement shall be treated as a an U.S. Asbestos Trust Expense. If the U.S. Asbestos Trust declines to pay for the Future Claimants' Representative's FCR’s Professional, it must set forth its reasons in writing. If the Future Claimants' Claimants Representative still desires to employ the FCR Professional at U.S. Asbestos Trust expense, the Future Claimants' Claimants Representative and/or and the Trustees shall resolve their dispute pursuant to Section 7.13 7.14 below.

Appears in 1 contract

Samples: Trust Agreement (Federal-Mogul Corp)

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FUTURE CLAIMANTS' REPRESENTATIVE'S EMPLOYMENT OF PROFESSIONALS. (a) The Future Claimants' Representative may but is not required to retain and/or consult counsel, accountants, appraisers, auditors, forecasters, experts, and financial and investment advisors, and such other parties deemed by the Future Claimants' Representative to be qualified as experts on matters submitted to the Future Claimants' Representative (the "PROFESSIONALS"“Future Representative Professionals”). The Future Claimants' Representative and his or her experts the Future Representative Professionals shall at all times have complete access to the PI Trust's ’s officers, employees and agents, as well as to the Professionals retained by the PI TrustTrust Professionals, and shall also have complete access to all information generated by them or otherwise available to the PI Trust or the Trustees, provided that any information provided by the PI Trust or the Trust Professionals shall not constitute a waiver of any applicable privilege. In the absence of gross negligence, the written opinion of or information provided by any Future Representative Professional or Trust Professional deemed by the Future Claimants' Representative to be qualified as an expert on the particular matter submitted to the Future Claimants' Representative shall be full and complete authorization and protection in support of any action taken or not taken by the Future Claimants' Representative in good faith and in accordance with the written opinion of or information provided by the Future Representative Professional or Trust Professional. (b) The Trust shall promptly reimburse, or pay directly if so instructed, the Future Claimants' Representative for all reasonable fees and costs associated with the Future Claimants' Representative's ’s employment of legal counsel pursuant to this provision in connection with the Future Claimants' Representative's ’s performance of his or her duties hereunder. The Trust shall also promptly reimburse, or pay directly if so instructed, the Future Claimants' Representative for all reasonable fees and costs associated with the Future Claimants' Representative's ’s employment of any other Future Representative Professionals pursuant to this provision in connection with the Future Claimants' Representative's ’s performance of his or her duties hereunder; provided, however, that (i) the Future Claimants' Representative has first submitted to the Trust a written request for such reimbursement setting forth the reasons (A) why the Future Claimants' Representative desires to employ the Future Representative Professional, and (B) why the Future Claimants' Representative cannot rely on Trust Professionals retained by the Trust to meet the need of the Future Claimants' Representative for such expertise or advice, and (ii) the Trust has approved the Future Claimants' Representative's ’s request for reimbursement in writing. If the Trust agrees to pay for the Future Claimants' Representative's Representative Professional, such reimbursement shall be treated as a Trust Expense. If the Trust declines to pay for the Future Claimants' Representative's Representative Professional, it must set forth its reasons in writing. If the Future Claimants' Representative still desires to employ the Future Representative Professional at Trust expense, the Future Claimants' Representative and/or and the Trustees shall resolve their dispute pursuant to Section 7.13 below.

Appears in 1 contract

Samples: Asbestos Personal Injury Trust Agreement (Owens Corning/Fibreboard Asbestos Personal Injury Trust)

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