LITIGATION COMPENSATION Sample Clauses

LITIGATION COMPENSATION. CLIENT acknowledges that in the event of litigation and/or governmental investigations regarding the presence or suspected presence of hazardous or toxic substances at the Project site, XYZ may be subpoenaed or otherwise compelled or called upon by parties to such litigation, or by local, state or federal agencies which may have regulatory responsibility for the site, to provide testimony, documents, information, or other materials or matters relating to history of the site, the nature of contamination of the site, risks associated with the site, costs of clean-up of the site, responsibility for contamination, alternative methods for clean-up, and other matters. CLIENT acknowledges and agrees that compensation paid to XYZ under this Agreement does not include compensation for such testimony or other involvement in said litigation or regulatory procedures relating to the site which might relate to or arise out of said litigation. CLIENT shall compensate XYZ for any and all cost, expense, obligation or damage arising out of such litigation or such regulatory procedures with regard to the site, including, but not limited to, personnel costs of all XYZ employees required to testify or provide information, documents or other materials (charged at XYZ's standard billing rates performed) and all out-of-pocket expenses for travel, duplication, telephone, telefax, and all other expenses reasonably and necessarily incurred by XYZ in the course of providing testimony, documents, information, or other materials or other matters relating to such litigation. In the event CLIENT requests XYZ to provide support of any type to CLIENT with regard to any litigation, XYZ shall not be required to provide such support unless XYZ and CLIENT shall agree in writing in advance as to compensation for XYZ personnel and XYZ's standard rates for forensic work and expense reimbursements to be paid by CLIENT to XYZ for such support.