Common use of Control of Litigation Clause in Contracts

Control of Litigation. The Parties agree and acknowledge that the Seller Representatives shall, subject to the Joint Ownership Agreement and the Managing Agent Operating Agreement, be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigative or Remediation activities (including without limitation any environmental mitigation) arising out of or related to any Excluded Assets or Excluded Liabilities, so long as such defense, settlement or other activities do not unreasonably interfere with the Buyer's operation of the Facility or materially impair the value of the Facility, and the Buyer agrees to use Commercially Reasonably Efforts to cooperate with the Seller Representatives in connection therewith. The Parties agree and acknowledge that the Buyer shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigative or remediation activities arising out of or related to any Acquired Assets or Assumed Liabilities, so long as such defense, settlement or other activities do not unreasonably interfere with the Sellers' respective businesses, and the Seller Representatives agree to use Commercially Reasonably Efforts to cooperate with the Buyer in connection therewith.

Control of Litigation. (a) The Parties acknowledge and agree that, from and acknowledge that after the Closing Date, Seller Representatives shall, subject to the Joint Ownership Agreement and the Managing Agent Operating Agreement, shall be entitled exclusively to control, defend and settle any litigationsuit, administrative action or regulatory proceeding, and any investigative or Remediation activities (including without limitation any environmental mitigation) investigation arising out of or related to any Excluded Assets or Excluded Liabilities, so long as such defensecontrol, defense or settlement or other activities do does not unreasonably interfere with the Buyer's Buyers' operation of the Facility or materially impair the value of the Facility, Peach Bottom Station; and the Buyer agrees to use Commercially Reasonably Efforts Buyers agree to cooperate with the Seller Representatives fully in connection therewith. therewith provided, however, that Seller shall reimburse Buyers for all reasonable costs and expenses incurred in providing such cooperation. (b) The Parties acknowledge and agree that, from and acknowledge that after the Buyer Closing Date, Buyers shall be entitled exclusively to control, defend and settle any litigationsuit, administrative action or regulatory proceeding, and any investigative or remediation activities investigation arising out of or related to any Acquired Purchased Assets or Assumed Liabilities, so long as such defensecontrol, defense or settlement or other activities do does not unreasonably interfere with Seller's ownership of the Sellers' respective businesses, Excluded Assets or with the Excluded Liabilities; and the Seller Representatives agree to use Commercially Reasonably Efforts agrees to cooperate with the Buyer fully in connection therewithherewith, provided, however, that PECO or PSEG, as the case may be, shall reimburse Seller for all reasonable costs and expenses incurred in providing such cooperation to PECO or to PSEG, as the case may be.

Control of Litigation. The Parties agree and acknowledge that the --------------------- Seller Representatives shall, subject to the Joint Ownership Agreement and the Managing Agent Operating Agreement, be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigative or Remediation activities (including without limitation any environmental mitigation) arising out of or related to any Excluded Assets or Excluded Liabilities, so long as such defense, settlement or other activities do not unreasonably interfere with the Buyer's operation of the Facility or materially impair the value of the Facility, and the Buyer agrees to use Commercially Reasonably Efforts to cooperate with the Seller Representatives in connection therewith. The Parties agree and acknowledge that the Buyer shall be entitled exclusively to control, defend and settle any litigation, administrative or regulatory proceeding, and any investigative or remediation activities arising out of or related to any Acquired Assets or Assumed Liabilities, so long as such defense, settlement or other activities do not unreasonably interfere with the Sellers' respective businesses, and the Seller Representatives agree to use Commercially Reasonably Efforts to cooperate with the Buyer in connection therewith.