Common use of Records and Assistance Clause in Contracts

Records and Assistance. (a) For a period of ten (10) years after the Closing Date, Buyers will retain the CUSA Records and the CPL Records defined in Sections 2.1 and 2.2 above and any records evidencing the operation and maintenance obligations or the cost reimbursement rights of Buyers hereunder (the “Records”), and will make such Records available to Sellers for inspection and copying upon reasonable notice at Buyers’ headquarters (or at such other location in the United States as Buyers shall designate in writing to Sellers) at reasonable times and during regular office hours. In addition, Buyers will cooperate in providing information required by Sellers to complete reports, statements, or other submissions required by Law, without regard to whether such information is contained in CUSA Records or CPL Records. Following the expiration of such ten-year period, Buyers may destroy such Records provided Buyers provide Sellers with 60 days’ prior written notice of Buyers’ intent to destroy any Records transferred to Buyers pursuant to this Agreement. If Sellers do not consent to the proposed destruction of Records, Buyers shall either continue to retain the Records and continue to make them available to Sellers as provided in the preceding sentence or require Sellers to remove such records at Sellers’ cost and expense. To the extent Buyers receive copies of the Records because such Records relate to both the Transferred Properties and properties excluded from the Transferred Properties, Buyers shall maintain those portions of the Records which do not relate solely to the Transferred Properties strictly confidential and shall not disclose any such Records to any person or agency, unless such disclosure is required by Law or has otherwise been made publicly available. (b) Notwithstanding the provisions of clause (a) above, Sellers shall prior to or at the Closing Date designate records located at the Transferred Properties as tax records and shall make arrangements to have such tax records removed within sixty days of the Closing Date. Buyers may request copies, at Buyers’ expense, of any such designated tax records either prior to the sixtieth day after the Closing Date or thereafter upon written request of the Sellers. Buyers shall retain all other records located at the Transferred Properties for a period of not less than eight years from the Closing Date and shall gxxxx Xxxxxxx’ employees or designees reasonable access to review and make copies of any records at Sellers’ expense. (c) In the event of any dispute with respect to the ownership or operation of the Transferred Properties arising out of events which occurred prior to Closing, Buyer shall cooperate with Sellers in the resolution of such dispute, including appearing in any litigation which may result therefrom; provided, however, that Buyers’ agreement so to cooperate shall not be deemed an acceptance by any Buyer of any liability arising from such dispute, as to which the other provisions of this Agreement shall control. Buyer, acknowledging that Sellers have continuing obligations with respect to outstanding lawsuits and claims associated with the Transferred Properties and that Sellers may be parties to claims and litigation asserted after Closing arising out of ownership or operations prior to Closing, shall make available to Sellers, upon Sellers’ request at all reasonable times, any and all files and business records in Buyers’ custody or control transferred by Sellers to Buyers hereunder and, except in the case of a conflict of interest between the parties, any and all individuals employed by Buyers whose testimony or knowledge in the opinion of Sellers’ counsel may be necessary or useful to it respecting the issues involved in such claims or litigation or in anticipation thereof. The Buyers agree to preserve all documents required to be preserved by any statutes regulation, ordinance, order, and other government requirements. The Refinery Buyer also agrees to preserve all documents relating to Clean Air Act New Source Review Enforcement Actions until all potential such claims have been resolved. (d) While Sellers are transferring books and records pertaining to the Transferred Properties to Buyers, Sellers by such act in no way intend to waive their attorney client and work product privileges as to such documents which may be contained in such books and records and in particular with respect to those files associated with outstanding claims and lawsuits which have been identified in this Agreement. Buyers shall continue to maintain the confidential status of those files or turn them over to Sellers if so requested.

Records and Assistance. (a) For a period of ten six (106) years after the Closing Date, Buyers Buyer will retain the CUSA Records and the CPL Records defined in Sections 2.1 and 2.2 above of Seller and any records evidencing the operation and maintenance obligations or the cost reimbursement rights of Buyers Buyer hereunder (the “Retained Records”), and will make such Records available to Sellers Seller for inspection and copying upon reasonable notice at Buyers’ Buyer’s headquarters (or at such other location in the United States as Buyers Buyer shall designate in writing to SellersSeller) at reasonable times and during regular office hours. In addition, Buyers will Buyer will, at Seller’s cost, cooperate in providing information required by Sellers Seller to complete reports, statements, or other submissions required by Law, without regard to whether such information is contained in CUSA Records or CPL Retained Records. Following the expiration of such tensix-year period, Buyers Buyer may destroy such Records Retained Records, provided Buyers provide Sellers Buyer provides Seller with 60 sixty (60) calendar days’ prior written Table of Contents notice of Buyers’ Buyer’s intent to destroy any Records transferred to Buyers Buyer pursuant to this Agreement. If Sellers do not consent to the proposed destruction of Records, Buyers shall either continue to retain the Records and continue to make them available to Sellers as provided in the preceding sentence or require Sellers to remove such records at Sellers’ cost and expense. To the extent Buyers receive Buyer receives copies of the Retained Records because such Retained Records relate to both the Transferred Properties and properties excluded from the Transferred Properties, Buyers Buyer shall maintain those portions of the Retained Records which do not relate solely to the Transferred Properties strictly confidential and shall not disclose any such Retained Records to any person or agency, unless such disclosure is required by Law or has otherwise been made publicly available. (b) Notwithstanding the provisions of clause (a) above, Sellers Seller shall prior to or at the Closing Date designate records located at the Transferred Properties as tax Tax records and shall make arrangements to have such tax Tax records removed within sixty (60) days of the Closing Date. Buyers Buyer may request copies, at Buyers’ Buyer’s expense, of any such designated tax Tax records either prior to the sixtieth day after the Closing Date or thereafter upon written request of the SellersSeller. Buyers Buyer shall retain all other records located at the Transferred Properties for a period of not less than eight six years from the Closing Date and shall gxxxx Xxxxxxx’ grant Seller’s employees or designees reasonable access to review and make copies of any records at Sellers’ Seller’s expense. (c) In the event of any dispute with respect to the ownership or operation of the Transferred Properties arising out of events which occurred prior to Closing, Buyer shall cooperate with Sellers Seller in the resolution of such dispute, including appearing or causing Buyer’s employees to appear in any litigation or provide written or oral testimony which may result therefrom; provided, however, that Buyers’ Buyer’s agreement to so to cooperate shall not be deemed an acceptance by any Buyer of any liability arising from such dispute, as to which the other provisions of this Agreement shall control. Buyer shall, at no cost to Buyer, acknowledging that Sellers have continuing obligations with respect to outstanding lawsuits and claims associated with the Transferred Properties and that Sellers may be parties to claims and litigation asserted after Closing arising out of ownership or operations prior to Closing, shall make available to SellersSeller, upon Sellers’ Seller’s request at all reasonable times, any and all files and business records in Buyers’ Buyer’s custody or control transferred by Sellers Seller to Buyers Buyer hereunder and, except in the case of a conflict of interest between the parties, any and all individuals employed by Buyers Buyer whose testimony or knowledge in the opinion of Sellers’ Seller’s counsel may be necessary or useful to it respecting the issues involved in such claims or litigation or in anticipation thereof. The Buyers agree Buyer agrees to preserve all documents required to be preserved by any statutes regulation, ordinance, order, and other government requirements. The Refinery Buyer also agrees to preserve all documents relating to Clean Air Act New Source Review Enforcement Actions until all potential such claims have been resolvedapplicable Law. (d) While Sellers are Seller is transferring books and records pertaining to the Transferred Properties to BuyersBuyer, Sellers Seller by such act in no way intend intends to waive their attorney its attorney-client and work product privileges as to such documents which may be contained in such books and records and in particular with respect to those files associated with outstanding claims and lawsuits which have been identified in this Agreement. Buyers Buyer shall continue to maintain the confidential status of those files or turn them over to Sellers Seller if so requested. (e) Buyer shall cooperate with Seller with respect to Seller’s collection of accounts receivable relating to customers transferred to Buyer as part of the Applicable Contracts, and shall promptly forward to Seller any amounts Buyer receives relating to such accounts receivable.

Records and Assistance. (a) For a period which meets the minimum standards of ten Buyer’s internal policies for record retention (10but in any event, no less than three (3) years after the Closing Date), Buyers Buyer will retain the CUSA Records and the CPL Records defined in Sections 2.1 and 2.2 above and any records evidencing the operation and maintenance obligations or the cost of reimbursement rights of Buyers Buyer hereunder or otherwise relating to the Transferred Properties prior to the Closing Date (the “Records”), and will make such Records available to Sellers for inspection and copying upon reasonable notice at Buyers’ Buyer’s headquarters (or at such other location in the United States as Buyers Buyer shall designate in writing to Sellers) at reasonable times and during regular office hours. In addition, Buyers Buyer will cooperate in providing information required by Sellers to complete reports, statements, or other submissions required by Law, without regard to whether such information is contained in CUSA Records or CPL the Records. Following the expiration of such ten-year period, Buyers Buyer may destroy such Records Records, provided Buyers that until the fifth (5th) anniversary of the Closing Date, Buyer shall provide Sellers each Seller with 60 sixty (60) calendar days’ prior written notice of Buyers’ Buyer’s intent to destroy any material Records transferred to Buyers Buyer pursuant to this Agreement. If Agreement and if Sellers do not consent to the proposed destruction of Records, Buyers Buyer shall either continue to retain the Records and continue to make them available to Sellers as provided in the preceding sentence or require Sellers to remove such records at Sellers’ cost and expense. To the extent Buyers receive Buyer receives copies of the Records because such Records relate to both the Transferred Properties and properties excluded from the Transferred Properties, Buyers Buyer shall maintain those portions of the Records which do not relate solely to the Transferred Properties strictly confidential and shall not disclose any such Records to any person or agency, unless such disclosure is required by Law or has otherwise been made publicly available. (b) Notwithstanding the provisions of clause (a) above, Sellers shall prior make arrangements to or at the Closing Date designate have any tax records located at the Transferred Properties as tax records and shall make arrangements to have such tax records removed within sixty (60) days of the Closing Date. Buyers Buyer may request copies, at Buyers’ Buyer’s expense, of any such designated tax records either prior to the sixtieth day after the Closing Date or thereafter upon written request of the Sellers. Buyers shall retain all other records located at the Transferred Properties for a period of not less than eight years from the Closing Date and shall gxxxx Xxxxxxx’ employees or designees reasonable access to review and make copies of any records at Sellers’ expense. (c) In the event of any dispute with respect to the ownership or operation of the Transferred Properties arising out of events which occurred prior to Closingthe Closing Date, Buyer shall reasonably cooperate with Sellers and their Affiliates, at Sellers’ sole cost and expense, in the resolution of such dispute, including appearing in any litigation which may result therefrom; providedprovided however, Buyer shall not be obligated to cooperate in any such dispute (nor appear in any related litigation) if such dispute involves (x) the Buyer or its Affiliates, (y) any third party with whom Buyer is a counterparty as a result of the Transactions or (z) any controversy between any of the Sellers party to any Transaction Document or their respective Affiliates; provided further, however, that Buyers’ Buyer’s agreement to so to cooperate shall not be deemed an acceptance by any Buyer of any liability arising from such dispute, as to which the other provisions of this Agreement shall control. BuyerSubject to execution of a customary non-disclosure agreement among Buyer and Sellers, acknowledging that Sellers have continuing obligations with respect to outstanding lawsuits and claims associated with the Transferred Properties and that Sellers may be parties to claims and litigation asserted after Closing arising out of ownership or operations prior to Closing, Buyer shall make available to Sellers, upon Sellers’ request at all reasonable times, any and all files and business records in Buyers’ Buyer’s custody or control transferred by Sellers to Buyers Buyer hereunder and, except in the case of a conflict of interest between the partiesParties, any and all individuals employed by Buyers Buyer whose testimony or knowledge in the opinion of Sellers’ counsel may be necessary or useful to it respecting concerning the issues involved in such claims or litigation or in anticipation thereof. The Buyers agree Each Seller and Buyer agrees to preserve all documents required to be preserved by any statutes regulationstatutes, ordinanceregulations, orderordinances, orders, and other government requirements. The Refinery Buyer also agrees to preserve all documents relating to Clean Air Act New Source Review Enforcement Actions until all potential such claims have been resolved. (d) While Sellers and their Affiliates are transferring books and records pertaining to the Transferred Properties to BuyersBuyer, Sellers such transferors by such act in no way intend to waive their attorney respective attorney-client and work product privileges as to such documents which may be contained in such books and records and in particular with respect to those files associated with outstanding claims and lawsuits which have been identified in this Agreement. Buyers Buyer shall continue to maintain the confidential status of those files or turn them over to Sellers or their respective Affiliates if so requested.

Records and Assistance. (a) For a period which meets the minimum standards of ten Buyer’s internal policies for record retention (10but in any event, no less than three (3) years after the Closing Date), Buyers Buyer will retain the CUSA Records and the CPL Records defined in Sections 2.1 and 2.2 above and any records evidencing the operation and maintenance obligations or the cost of reimbursement rights of Buyers Buyer hereunder or otherwise relating to the Transferred Properties prior to the Closing Date (the “Records”), and will make such Records available to Sellers Seller for inspection and copying upon reasonable notice at Buyers’ Buyer’s headquarters (or at such other location in the United States as Buyers Buyer shall designate in writing to SellersSeller) at reasonable times and during regular office hours. In addition, Buyers Buyer will cooperate in providing information required by Sellers Seller to complete reports, statements, or other submissions required by Law, without regard to whether such information is contained in CUSA Records or CPL the Records. Following the expiration of such ten-year period, Buyers Buyer may destroy such Records Records, provided Buyers that until the fifth (5th) anniversary of the Closing Date, Buyer shall provide Sellers Seller with 60 sixty (60) calendar days’ prior written notice of Buyers’ Buyer’s intent to destroy any material Records transferred to Buyers Buyer pursuant to this Agreement. If Sellers Agreement and if Seller do not consent to the proposed destruction of Records, Buyers Buyer shall either continue to retain the Records and continue to make them available to Sellers Seller as provided in the preceding sentence or require Sellers Seller to remove such records at Sellers’ Seller’s cost and expense. To the extent Buyers receive Buyer receives copies of the Records because such Records relate to both the Transferred Properties and properties excluded from the Transferred Properties, Buyers Buyer shall maintain those portions of the Records which do not relate solely to the Transferred Properties strictly confidential and shall not disclose any such Records to any person or agency, unless such disclosure is required by Law or has otherwise been made publicly available. (b) Notwithstanding the provisions of clause (a) above, Sellers Seller shall prior make arrangements to or at the Closing Date designate have any tax records located at the Transferred Properties as tax records and shall make arrangements to have such tax records removed within sixty (60) days of the Closing Date. Buyers Buyer may request copies, at Buyers’ Buyer’s expense, of any such designated tax records either prior to the sixtieth day after the Closing Date or thereafter upon written request of the Sellers. Buyers shall retain all other records located at the Transferred Properties for a period of not less than eight years from the Closing Date and shall gxxxx Xxxxxxx’ employees or designees reasonable access to review and make copies of any records at Sellers’ expenseSeller. (c) In the event of any dispute with respect to the ownership or operation of the Transferred Properties arising out of events which occurred prior to Closingthe Closing Date, Buyer shall reasonably cooperate with Sellers Seller and their Affiliates, at Seller’s sole cost and expense, in the resolution of such dispute, including appearing in any litigation which may result therefrom; providedprovided however, Buyer shall not be obligated to cooperate in any such dispute (nor appear in any related litigation) if such dispute involves (y) the Buyer or its Affiliates, (z) any third party with whom the Buyer is a counterparty as a result of the Transactions; provided further, however, that Buyers’ Buyer’s agreement to so to cooperate shall not be deemed an acceptance by any Buyer of any liability arising from such dispute, as to which the other provisions of this Agreement shall control. BuyerSubject to execution of a customary non-disclosure agreement among Buyer and Seller, acknowledging that Sellers have continuing obligations with respect to outstanding lawsuits and claims associated with the Transferred Properties and that Sellers may be parties to claims and litigation asserted after Closing arising out of ownership or operations prior to Closing, Buyer shall make available to SellersSeller, upon Sellers’ Seller’s request at all reasonable times, any and all files and business records in Buyers’ Buyer’s custody or control transferred by Sellers to Buyers Buyer hereunder and, except in the case of a conflict of interest between the partiesParties, any and all individuals employed by Buyers Buyer whose testimony or knowledge in the opinion of Sellers’ Seller’s counsel may be necessary or useful to it respecting concerning the issues involved in such claims or litigation or in anticipation thereof. The Buyers agree Seller and Buyer agrees to preserve all documents required to be preserved by any statutes regulationstatutes, ordinanceregulations, orderordinances, orders, and other government requirements. The Refinery Buyer also agrees to preserve all documents relating to Clean Air Act New Source Review Enforcement Actions until all potential such claims have been resolved. (d) While Sellers Seller and its Affiliates are transferring books and records pertaining to the Transferred Properties to BuyersBuyer, Sellers such transferors by such act in no way intend to waive their attorney respective attorney-client and work product privileges as to such documents which may be contained in such books and records and in particular with respect to those files associated with outstanding claims and lawsuits which have been identified in this Agreement. Buyers Buyer shall continue to maintain the confidential status of those files or turn them over to Sellers Seller or its Affiliates if so requested.

Records and Assistance. (a) For a period of ten (10) seven years after the Closing Date, Buyers Buyer will retain the CUSA Records and the CPL Records defined in Sections 2.1 and 2.2 above and any records evidencing the operation and maintenance obligations or the cost reimbursement rights of Buyers hereunder (the “"Records”), ") and will make such Records available to Sellers for inspection and copying upon reasonable notice at Buyers’ Buyer's headquarters (or at such other location in the United States as Buyers Buyer shall designate in writing to Sellers) at reasonable times and during regular office hours. In addition, Buyers will cooperate in providing information required by Sellers to complete reports, statements, or other submissions required by Law, without regard to whether such information is contained in CUSA Records or CPL Records. Following the expiration of such tenseven-year period, Buyers may destroy such Records provided Buyers Buyer shall provide Sellers with 60 days’ ' prior written notice of Buyers’ Buyer's intent to destroy any Records transferred to Buyers Buyer pursuant to this Agreement. If Sellers do not consent to the proposed destruction of Records, Buyers Buyer shall either continue to retain the Records and continue to make them available to Sellers as provided in the preceding sentence or require Sellers to remove such records at Sellers’ ' cost and expense. To the extent Buyers Buyer receive copies of the Records because such Records relate to both the Transferred Properties and properties excluded from the Transferred Properties, Buyers Buyer shall maintain those portions of the Records which do not relate solely to the Transferred Properties strictly confidential and shall not disclose any such Records to any person or agency, unless such disclosure is required by Law or has otherwise been made publicly availableLaw. (b) Notwithstanding the provisions of clause (a) above, Sellers shall prior to or at the Closing Date designate records located at the Transferred Properties as tax records and shall make arrangements to have such tax records removed within sixty days of the Closing Date. Buyers may request copies, at Buyers’ expense, of any such designated tax records either prior to the sixtieth day after the Closing Date or thereafter upon written request of the Sellers. Buyers shall retain all other records located at the Transferred Properties for a period of not less than eight years from the Closing Date and shall gxxxx Xxxxxxx’ employees or designees reasonable access to review and make copies of any records at Sellers’ expense. (c) In the event of any dispute with respect to the ownership or operation of the Transferred Properties arising out of events which occurred prior to Closing, Buyer shall cooperate with Sellers Sellers, at no cost to Buyer, in the resolution of such dispute, including including, without limitation, appearing in any litigation which may result therefrom; provided, however, that Buyers’ Buyer's agreement so to cooperate shall not be deemed an acceptance by any Buyer of any liability arising from such dispute, as to which the other provisions of this Agreement shall control. Buyer, acknowledging that Sellers have continuing obligations with respect to outstanding lawsuits and claims associated with the Transferred Properties and that Sellers may be parties to claims and litigation asserted after Closing arising out of ownership or operations prior to Closing, shall make available to Sellers, upon Sellers’ ' request at all reasonable times, but at no cost to Buyer, any and all files and business records in Buyers’ Buyer's custody or control transferred by Sellers to Buyers Buyer hereunder and, except in the case of a conflict of interest between the parties, any and all individuals employed by Buyers Buyer whose testimony or knowledge in the opinion of Sellers’ ' counsel may be necessary or useful to it respecting the issues involved in such claims or litigation or in anticipation thereof. The Buyers agree to preserve all documents required to be preserved by any statutes regulation, ordinance, order, and other government requirements. The Refinery Buyer also agrees to preserve all documents relating to Clean Air Act New Source Review Enforcement Actions until all potential such claims have been resolved. (dc) While Sellers are transferring books and records pertaining to the Transferred Properties to BuyersBuyer, Sellers by such act in no way intend to waive their attorney attorney-client and work product privileges as to such documents which may be contained in such books and records and in particular with respect to those files associated with outstanding claims and lawsuits which have been identified in this Agreement. Buyers Buyer shall continue to maintain the confidential status of those files or turn them over to Sellers if so requested.

Records and Assistance. (a) For a period which meets the minimum standards of ten Buyer’s internal policies for record retention (10but in any event, no less than three (3) years after the Closing Datedate hereof), Buyers Buyer will retain the CUSA Records and the CPL Records defined in Sections 2.1 and 2.2 above and any records evidencing the operation and maintenance obligations or the cost of reimbursement rights of Buyers Buyer hereunder or otherwise relating to the Transferred Properties prior to the date hereof (the “Records”), and will make such Records available to Sellers for inspection and copying upon reasonable notice at Buyers’ Buyer’s headquarters (or at such other location in the United States as Buyers Buyer shall designate in writing to Sellers) at reasonable times and during regular office hours. In addition, Buyers Buyer will cooperate in providing information required by Sellers to complete reports, statements, or other submissions required by Law, without regard to whether such information is contained in CUSA Records or CPL the Records. Following the expiration of such ten-year period, Buyers Buyer may destroy such Records Records, provided Buyers that until the fifth (5th) anniversary of the date hereof, Buyer shall provide Sellers each Seller with 60 sixty (60) calendar days’ prior written notice of Buyers’ Buyer’s intent to destroy any material Records transferred to Buyers Buyer pursuant to this Agreement. If Agreement and if Sellers do not consent to the proposed destruction of Records, Buyers Buyer shall either continue to retain the Records and continue to make them available to Sellers as provided in the preceding sentence or require Sellers to remove such records at Sellers’ cost and expense. To the extent Buyers receive Buyer receives copies of the Records because such Records relate to both the Transferred Properties and properties excluded from the Transferred Properties, Buyers Buyer shall maintain those portions of the Records which do not relate solely to the Transferred Properties strictly confidential and shall not disclose any such Records to any person or agency, unless such disclosure is required by Law or has otherwise been made publicly available. (b) Notwithstanding the provisions of clause (a) above, Sellers shall prior make arrangements to or at the Closing Date designate have any tax records located at the Transferred Properties as tax records and shall make arrangements to have such tax records removed within sixty (60) days of the Closing Datedate hereof. Buyers Buyer may request copies, at Buyers’ Buyer’s expense, of any such designated tax records either prior to the sixtieth day after the Closing Date date hereof or thereafter upon written request of the Sellers. Buyers shall retain all other records located at the Transferred Properties for a period of not less than eight years from the Closing Date and shall gxxxx Xxxxxxx’ employees or designees reasonable access to review and make copies of any records at Sellers’ expense. (c) In the event of any dispute with respect to the ownership or operation of the Transferred Properties arising out of events which occurred prior to Closingthe date hereof, Buyer shall reasonably cooperate with Sellers and their Affiliates, at Sellers’ sole cost and expense, in the resolution of such dispute, including appearing in any litigation which may result therefrom; providedprovided however, Buyer shall not be obligated to cooperate in any such dispute (nor appear in any related litigation) if such dispute involves (x) the Buyer or its Affiliates, (y) any third party with whom the Buyer is a counterparty as a result of the Transactions or (z) any controversy between any of the Sellers party to any Transaction Document or their respective Affiliates; provided further, however, that Buyers’ Buyer’s agreement to so to cooperate shall not be deemed an acceptance by any Buyer of any liability arising from such dispute, as to which the other provisions of this Agreement shall control. BuyerSubject to execution of a customary non-disclosure agreement among Buyer and Sellers, acknowledging that Sellers have continuing obligations with respect to outstanding lawsuits and claims associated with the Transferred Properties and that Sellers may be parties to claims and litigation asserted after Closing arising out of ownership or operations prior to Closing, Buyer shall make available to Sellers, upon Sellers’ request at all reasonable times, any and all files and business records in Buyers’ Buyer’s custody or control transferred by Sellers to Buyers Buyer hereunder and, except in the case of a conflict of interest between the partiesParties, any and all individuals employed by Buyers Buyer whose testimony or knowledge in the opinion of Sellers’ each Seller’s respective counsel may be necessary or useful to it respecting concerning the issues involved in such claims or litigation or in anticipation thereof. The Buyers agree Each Seller and Buyer agrees to preserve all documents required to be preserved by any statutes regulationstatutes, ordinanceregulations, orderordinances, orders, and other government requirements. The Refinery Buyer also agrees to preserve all documents relating to Clean Air Act New Source Review Enforcement Actions until all potential such claims have been resolved. (d) While Sellers and their Affiliates are transferring books and records pertaining to the Transferred Properties to BuyersBuyer, Sellers such transferors by such act in no way intend to waive their attorney respective attorney-client and work product privileges as to such documents which may be contained in such books and records and in particular with respect to those files associated with outstanding claims and lawsuits which have been identified in this Agreement. Buyers Buyer shall continue to maintain the confidential status of those files or turn them over to Sellers or their respective Affiliates if so requested.