Related Claim Management. CL&P shall have the right, but not the obligation, to manage and otherwise administer Managed Claims with other Claims against (or being managed by) CL&P that involve reasonably similar allegations and/or claims for relief and/or otherwise are reasonably related (as determined in CL&P's reasonable discretion), irrespective of whether such Claims have been consolidated in one or more Proceedings. In such event, to the extent that any costs, expenses and other Liabilities exclusively relate to the applicable Managed Claim, UI shall solely and fully bear and pay all such costs, expenses and other Liabilities arising out of, and/or related to, such Managed Claim (including the costs of experts and attorneys' fees incurred by CL&P in the management thereof and the full amount of any Order and/or settlement resulting from such Managed Claim). To the extent that any costs, expenses and other Liabilities cannot be reasonably attributed to any particular Claim (whether the applicable Managed Claim or the related Claim(s)), UI shall bear and pay a pro rata share of such costs, expenses and other Liabilities based on the number of properties involved in the Managed Claim(s) (irrespective of the number of claimants) relative to the total number of properties involved in the Managed Claim(s) and Claims being managed with such Managed Claim(s). For purposes of the foregoing allocation, any properties (whether or not contiguous) owned by the same Person(s) and/or any Affiliate(s) of such Person shall be deemed to be a single property. CL&P (and/or any other Person responsible for such related Claim(s)) shall bear and pay the remaining allocation of such prorated costs, expenses and other Liabilities.
Related Claim Management. Seller shall have the right, but not the obligation, to manage and otherwise administer Managed Claims with other Claims against (or being managed by) Seller that involve reasonably similar allegations and/or claims for relief and/or otherwise are reasonably related (as determined in Seller's reasonable discretion), irrespective of whether such Claims have been consolidated in one or more Proceedings. In such event, to the extent that any costs, expenses and other Liabilities solely relate to the applicable Managed Claim, Buyer shall fully and solely bear and pay all such costs, expenses and other Liabilities arising out of, and/or related to such Managed Claim (including the costs of experts and attorneys' fees incurred by Seller in the management thereof and the full amount of any Order and/or settlement resulting from such Managed Claim). To the extent that any costs, expenses and other Liabilities cannot be reasonably and solely attributed to any particular Claim (whether the applicable Managed Claim or the related Claim(s)), Buyer shall bear and pay a pro rata share of such costs, expenses and other Liabilities based on the number of properties involved in the Managed Claim(s) (irrespective of the number of claimants) relative to the total number of properties involved in the Managed Claim(s) and Claims being managed with such Managed Claim(s) or such other allocation methodology agreed upon in writing by the Parties that equitably allocates such costs, expenses and other Liabilities. In the case of Claims subject to the allocation rules of this Section 6.8(g) that also include Third Parties as defendants, and one or more of such Third Parties have agreed to share costs, expenses and/or other Liabilities for such Claims with the Parties, then the Parties will negotiate in good faith to establish an allocation methodology that equitably allocates costs, expenses and other Liabilities pertaining to such Claim in a manner that accounts for such Third Party participation; provided that the allocation rules of this Section 6.8(g) shall apply unless and until the Parties have reached such alternate allocation agreement and/or to the extent that such alternate arrangement fails to address all costs, expenses and other Liabilities. Without limiting the generality of the foregoing, Seller shall manage the Pending Proceeding of Xxxx Xxxxx with other Claims filed by the Law Offices of Xxxxxx Xxxxxxx with respect to other segments of the M/N Project, and in accor...
