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

LEGAL REPRESENTATIVE'S EMPLOYMENT OF PROFESSIONALS. (a) The Legal 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 Legal Representative to be qualified as experts on matters submitted to the Legal Representative (the "Professionals"). The Legal Representative and his or her experts shall have complete access at reasonable times 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; however, such complete access shall be subject to reasonable claims of privilege, execution of reasonable confidentiality agreements where circumstances require, and shall not include access to information on individual claimants or claims or individual law firms identified by name. In the absence of gross negligence, the opinion of or information provided by any Professional deemed by the Legal Representative to be qualified as an expert on the particular matter submitted to the Legal Representative shall be full and complete authorization and protection in support of any action taken or not taken by the Legal Representative in good faith and in accordance with the opinion of or information provided by the Professional. (b) The Trust shall promptly reimburse, or pay directly if so instructed, the Legal Representative for all reasonable fees and costs associated with the Legal Representative's employment of legal counsel pursuant to this provision in connection with the Legal Representative's performance of his or her duties hereunder. The Trust shall also promptly reimburse, or pay directly if so instructed, the Legal Representative for all reasonable fees and costs associated with the Legal Representative's employment of any other Professionals pursuant to this provision in connection with the Legal Representative's performance of his or her duties hereunder; provided, however, that (i) the Legal Representative has first submitted to the Trust a written request for such reimbursement setting forth the reasons (A) why the Legal Representative desires to employ the Professional, and (B) why the Legal Representative cannot rely on Professionals retained by the Trust to meet the need of the Legal Representative for such expertise or advice, and (ii) the Trust has approved the Legal Representative's request for reimbursement in writing. If the Trust agrees to pay for the Legal Representative's Professional, such reimbursement shall be treated as a Trust Expense. If the Trust declines to pay for the Legal Representative's Professional, it must set forth its reasons in writing. If the Legal Representative still desires to employ the Professional at Trust expense, the Legal Representative and/or the Trustees shall resolve their dispute pursuant to the procedures set forth in Section 7.13 below.

LEGAL REPRESENTATIVE'S EMPLOYMENT OF PROFESSIONALS. (a) The Legal Representative may may, but is not required to to, retain and/or consult counsel, accountants, appraisers, auditors, forecasters, experts, and financial and investment advisors, advisors and such other parties deemed by the Legal Representative to be qualified as experts on matters any matter submitted to the Legal Representative (the "“Legal Representative Professionals"”). The Legal Representative and his or her experts shall at all times have complete access at reasonable times to the PI Trust's ’s officers, employees and agents, as well as to the Professionals any counsel, accountants, appraisers, auditors, forecasters, experts and financial or investment advisors 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 TrusteesTrustee; howeverprovided that in no event shall the Legal Representative or the Legal Representative Professionals (i) have any role, whether by consent, consultation or otherwise, in the Trust’s selection of counsel, experts or other professionals to defend claims against the Trust that are tendered to any insurer for defense or (ii) have any right to consult with or obtain information from the Trust or anyone employed by the Trust concerning the defense of any such complete access claims; and provided further, that in no event shall be subject the Legal Representative or the Legal Representative Professionals have any right to reasonable claims consult with counsel to the Trust or obtain any information in such a manner as would result in the waiver of privilege, execution of reasonable confidentiality agreements where circumstances require, and shall not include access attorney-client or other applicable privilege belonging to information on individual claimants or claims or individual law firms identified by namethe Trust. In the absence of gross negligence, the written opinion of or information provided by any Legal Representative Professional deemed by the Legal Representative to be qualified as an expert on the particular matter submitted to the Legal Representative shall be full and complete authorization and protection in support of any action taken or not taken by the Legal Representative in good faith and in accordance with the written opinion of or information provided by the such Legal Representative Professional. (b) The Trust shall promptly reimburse, or pay directly if so instructed, the Legal Representative for all any reasonable fees and costs expenses associated with the Legal Representative's ’s employment of legal counsel pursuant to this provision in connection with the Legal Representative's ’s performance of his or her duties hereunder. The Trust shall also promptly reimburse, or pay directly if so instructed, the Legal Representative for all any reasonable fees and costs expenses associated with the Legal Representative's ’s employment of any other Professionals Legal Representative Professional pursuant to this provision in connection with the Legal Representative's ’s performance of his or her duties hereunder; provided, however, that (i) the Legal Representative has first submitted to the Trust a written request for such reimbursement setting forth the reasons (A) why the Legal Representative desires to employ the Professional, such Legal Representative Professional and (B) why the Legal Representative cannot rely on Professionals any counsel, accountant, appraiser, auditor, forecaster, expert or financial or investment advisor retained by the Trust to meet the need of the Legal Representative for such expertise or advice, advice and (ii) the Trust has approved the Legal Representative's ’s request for reimbursement in writing. If the Trust agrees to pay for the Legal Representative's Representative Professional, such reimbursement shall be treated as a an Asbestos Trust ExpenseExpense of the Trust. If the Trust declines to pay for the Legal Representative's Representative Professional, it must set forth its reasons in writing. If the Legal Representative still desires to employ the such Legal Representative Professional at Trust expensethe expense of the Trust, the Legal Representative and/or the Trustees Trustee shall resolve their dispute pursuant to the procedures set forth in Section 7.13 8.12 below.