Common use of Recovery Claims Clause in Contracts

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”).

Appears in 2 contracts

Samples: Operating and Construction Management Agreement (Enbridge Energy Partners Lp), Operating and Construction Management Agreement (Enbridge Energy Partners Lp)

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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.

Appears in 1 contract

Samples: Formation and Contribution Agreement (Phillips 66 Partners Lp)

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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”).

Appears in 1 contract

Samples: Contribution Agreement (PBF Holding Co LLC)

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