Common use of Non-Assistance Clause in Contracts

Non-Assistance. Each Securityholder agrees that neither it nor any of its Affiliates will, directly or indirectly, seek or propose to or engage in discussions with any company, person or individual regarding any actual, proposed or potential claim, demand, investigation, arbitration, litigation or other legal proceeding by another company, person or individual against Rio Tinto, the Purchaser, the Company, OT LLC or any of their respective Affiliates or any of their respective past, present or future directors, officers or employees, in each case in respect of any matter connected in any manner, directly or indirectly, to the Company; provided that nothing in the foregoing shall prevent or limit: (a) any action of any Securityholder or any of Affiliate thereof, or legal counsel to any Securityholder or any Affiliate thereof, in respect of the US Class Action, or (b) any collaboration by the Securityholders, with any other shareholder or shareholders in the Private Proceedings, that is agreed to by the parties hereto or permitted by order of the arbitrator pursuant to Schedule “B” hereto.

Non-Assistance. Each Securityholder agrees that neither it nor any of its Affiliates will, directly or indirectly, seek or propose to or engage in discussions with any company, person or individual regarding any actual, proposed or potential claim, demand, investigation, arbitration, litigation or other legal proceeding by another company, person or individual against Rio Tinto, the Purchaser, the Company, OT LLC or any of their respective Affiliates or any of their respective past, present or future directors, officers or employees, in each case in respect of any matter connected in any manner, directly or indirectly, to the Company; provided that nothing in the foregoing shall prevent or limit: limit (a) any action of any Securityholder or any of Affiliate thereof, or legal counsel thereof which are necessary in order to any Securityholder or any Affiliate thereof, in respect advance their claims as class member of the US Class Action, or (b) any collaboration by the Securityholders, with any other shareholder or shareholders in the Private Proceedings, that is agreed to by the parties hereto or permitted by order of the arbitrator pursuant to Schedule “B” hereto. For the avoidance of doubt, no Securityholder or any of their Affiliates will act as a lead plaintiff in the US Class Action.