LITIGATION BETWEEN TRUST BENEFICIARIES Sample Clauses

LITIGATION BETWEEN TRUST BENEFICIARIES. (a) Section H Applicable Only to Trust Beneficiaries. ------------------------------------------------ The provisions of this Section H, including those relating to ---------------- 3 As used herein, Manville shall mean the Debtors, their successors, and their subsidiaries and affiliates. To the extent that Trust Beneficiaries assert claims against third parties which a court of competent jurisdiction determines by order give rise to Indemnification Liabilities on the part of the Trust, those Trust Beneficiaries agree to reduce such claims and/or judgments on such claims, on a dollar-for- dollar basis, to the full extent necessary to extinguish any such Indemnification Liabilities. Provided, however, that this provision is not intended to otherwise restrict or interfere with the rights of Trust Beneficiaries to proceed against third parties. set-offs, are applicable only to Trust Beneficiaries. Asbestos health plaintiffs who are not Trust Beneficiaries because they were not exposed to Manville asbestos or asbestos-containing products shall not be subject to any of the provisions of this Section H and judgments they obtain against defendants shall not be governed by the provisions of this Section H, including the provisions relating to set-offs. Any dispute over whether an asbestos health plaintiff is a Trust Beneficiary whose claim is governed by this Section H shall be resolved by the trial court hearing the asbestos health plaintiff's case against defendants. The parties shall retain whatever rights of appellate review may be available under applicable law in respect of such ruling.
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Related to LITIGATION BETWEEN TRUST BENEFICIARIES

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