Common use of Lawsuits; Settlements Clause in Contracts

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where it in good faith determines that failure to commence suit would reasonably be likely to have a Material Adverse Effect on the Company and its Subsidiaries, taken as a whole (provided that it consults with Acquiror prior to the filing of such a suit), (C) for a breach of this Agreement or (D) in the ordinary course of business consistent with past practice; or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute other than in the ordinary course of business consistent with past practice;