Common use of Litigation Management and Support; Production of Witnesses Clause in Contracts

Litigation Management and Support; Production of Witnesses. (a) From and after the Distribution, Horizon (or other applicable member of the Horizon Group) will be responsible for managing, and will have the authority to manage, the defense or prosecution, as applicable, and resolution (including settlement) of any Horizon Litigation and TriMas (or other applicable member of the TriMas Group) will be responsible for managing, and will have the authority to manage, the defense or other prosecution, as applicable, and resolution (including settlement) of any TriMas Litigation. (b) Notwithstanding any provisions of Section 7.2 to the contrary, after the Distribution, each member of the Horizon Group and the TriMas Group will use reasonable best efforts to assist the other with respect to any Third-Party Claim or potential Third-Party Claim. In addition, any member of either Group will have the right to request in writing that a member of the other Group make available for consultation or witness purposes, its directors, officers, employees, consultants or agents who have expertise or knowledge with respect to the other Party’s business or products or matters in litigation or alternative dispute resolution to the extent that the requesting Party believes any such persons may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting Party may from time to time be involved. Upon such request, the affected members of the applicable Group will select such person or persons to provide the requested assistance after conferring in good faith to determine which person or persons should provide such assistance. Upon such determination, the requested Party agrees to make the designated person or persons available to the requesting Party upon reasonable notice to the same extent such requested Party would have made such person available if the Distribution had not occurred. The requesting Party agrees to cooperate with the requested Party in giving consideration to such persons’ business demands.

Litigation Management and Support; Production of Witnesses. (a) From and after the Distribution, Horizon GroceryCo (or other an applicable member of the Horizon GroceryCo Group) will shall be responsible for managing, and will shall have the authority to manage, the defense or prosecution, as applicable, and resolution (including settlement) of any Horizon Litigation GroceryCo Action, and TriMas SnackCo (or other an applicable member of the TriMas SnackCo Group) will shall be responsible for managing, and will shall have the authority to manage, the defense or other prosecution, as applicable, and resolution (including settlement) of any TriMas LitigationSnackCo Action. (b) Notwithstanding any provisions of Section 7.2 6.2 to the contrary, after the Distribution, each member of the Horizon GroceryCo Group and the TriMas SnackCo Group will shall use reasonable best efforts to assist the other with respect to any Third-Party Claim or potential Third-Party Claim. In addition, any member of either Group will shall have the right to request in writing that a member of the other Group make available for consultation or witness purposes, its directors, officers, employees, consultants or agents who have expertise or knowledge with respect to the other Partyparty’s business or products or matters in litigation or alternative dispute resolution to the extent that the requesting Party party believes any such persons may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting Party party may from time to time be involved. Upon such request, the affected members of the applicable Group will shall select such a person or persons to provide the requested assistance after conferring in good faith to determine which person or persons should provide such assistance. Upon such determination, the requested Party party agrees to make the designated person or persons available to the requesting Party party upon reasonable notice to the same extent such requested Party party would have made such person available if the Distribution had not occurred. The requesting Party party agrees to cooperate with the requested Party party in giving consideration to such persons’ business demands.

Litigation Management and Support; Production of Witnesses. (a) From and after the Distribution, Horizon New Hertz Holdings (or other an applicable member of the Horizon Hertz Group) will shall be responsible for managing, and will shall have the authority to manage, the defense or prosecution, as applicable, and resolution (including settlement) of any Horizon Litigation Hertz Action, and TriMas HERC Holdings (or other an applicable member of the TriMas HERC Holdings Group) will shall be responsible for managing, and will shall have the authority to manage, the defense or other prosecution, as applicable, and resolution (including settlement) of any TriMas LitigationHERC Holdings Action. (b) Notwithstanding any provisions of Section 7.2 6.2 to the contrary, after the Distribution, each member of the Horizon Hertz Group and the TriMas HERC Holdings Group will shall use commercially reasonable best efforts to assist the other with respect to any Third-Party Claim or potential Third-Party Claim. In addition, any member of either Group will shall have the right to request in writing that a member of the other Group make available for consultation or witness purposes, its directors, officers, employees, consultants or agents who have expertise or knowledge with respect to the other Partyrequesting party’s business or products or matters in litigation or alternative dispute resolution to the extent that the requesting Party party believes any such persons may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting Party party may from time to time be involved. Upon such request, the affected members of the applicable Group will shall select such a person or persons to provide the requested assistance after conferring in good faith to determine which person or persons should provide such assistance. Upon such determination, the requested Party party agrees to make the designated person or persons available to the requesting Party party upon reasonable notice to the same extent such requested Party party would have made such person available if the Distribution had not occurred. The requesting Party party agrees to cooperate with the requested Party party in giving consideration to such persons’ business demands.