Common use of Written Acknowledgment Clause in Contracts

Written Acknowledgment. Promptly upon receipt of notice as provided in Section 4.5(a), Spinco shall respond in writing to Peabody as to whether the liability asserted in the notice of deficiency, claim or adjustment or other written communication would, if imposed upon or incurred by Peabody or its Subsidiaries, be a Distribution-Related Liability. If Spinco believes in good faith that such liability may not be a Distribution-Related Liability, Spinco shall set forth in writing to Peabody the grounds for such belief. For the avoidance of doubt, Spinco will satisfy the requirements of this Section 4.5(b) if it believes in good faith that there is insufficient information to determine whether such liability would, if imposed or incurred on Peabody or its subsidiaries, be a Distribution-Related Liability.