Recovery Claims. Subject to the limitations of Sections 3.4, Operator shall assist Owner with prosecuting and/or settling any Claim which Owner has against one or more Persons that are not Members or Parties (each, a “Recovery Claim”).
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Samples: Limited Liability Company Agreement (Enbridge Energy Partners Lp), Operating and Construction Management Agreement (Enbridge Energy Partners Lp)
Recovery Claims. Subject to the limitations of Sections 3.4set forth in Section 3.8 and Section 3.9, Operator shall assist Owner with prosecuting and/or settling any Claim which that Owner has against one or more Persons that are not Members or Parties a Third Party (eacheach such Claim, a “Recovery Claim”). Operator may not name a Member as party plaintiff on a Recovery Claim unless Operator has obtained that Member’s consent to do so. If any Member so desires, in addition to counsel employed by Operator on behalf of Owner, a Member may be represented in any such lawsuit at its expense by counsel selected by such Member.
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Samples: Formation and Contribution Agreement (Phillips 66 Partners Lp)
Recovery Claims. Subject to the limitations of set forth in Sections 3.45.2 and 5.3, Operator shall assist Owner with prosecuting and/or and settling any Claim which that Owner has against one or more Persons that are not Members or Parties a Third Party (eacheach such Claim, a “Recovery Claim”).
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