Common use of Group Affiliation Clause in Contracts

Group Affiliation. The Members acknowledge and agree the Member’s intention is for the JV Company not to be deemed to be part of the SK group of companies under the antitrust laws and regulations of the Republic of Korea. If, at any time, the JV Company is determined by the Korean Fair Trade Commission to be part of the SK group of companies under the antitrust laws and regulations of the Republic of Korea (“Affiliation Designation”) or the Members mutually agree that an Affiliation Designation is likely to occur, then the Parties shall use their best efforts to restructure the terms of this Agreement to exclude the JV Company as part of the SK group of companies, the costs and expenses associated with such restructuring to be borne by SK (the “Affiliation Restructuring”).