Common use of Administrative Complaints/Litigation Clause in Contracts

Administrative Complaints/Litigation. Except as otherwise provided in this Agreement, on and after the Distribution Date, Civeo shall assume, and be solely liable for, the handling, administration, investigation, and defense of actions, including ERISA, occupational safety and health, employment standards, union grievances, wrongful dismissal, discrimination or human rights, and unemployment compensation claims asserted at any time against Oil States or any member of the OS Group by (a) any Civeo Group Employee or Former Civeo Group Employee (including any dependent or beneficiary of any such Employee), (b) any consultant or independent contractor who provided or provides services primarily for the benefit of the Civeo Business or (c) any other person to the extent such actions or claims otherwise arise out of or relate to employment or the provision of services (whether as an employee, contractor, consultant, or otherwise) to or with respect to the business activities of any member of the Civeo Group. Clause (c) of the preceding sentence to the contrary notwithstanding, to the extent that any such legal action is brought by an OS Group Employee or Former OS Group Employee and relates to employment or the provision of services with respect to both the business activities of a member of the Civeo Group and the business activities of a member of the OS Group (excluding the Civeo Group), reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties based upon the relative levels of service provided between the Civeo Business and the businesses of the OS Group other than the Civeo Business. Further notwithstanding the foregoing, to the extent that any legal action relates to a putative or certified class of plaintiffs, which includes both OS Group Employees (or Former OS Group Employees) and Civeo Group Employees (or Former Civeo Group Employees) and such action involves employment or benefit plan related claims, reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties equitably in proportion to a reasonable assessment of the relative proportion of Employees included in or represented by the putative or certified plaintiff class. The procedures contained in the indemnification and related litigation cooperation provisions of the Indemnification and Release Agreement shall apply with respect to each Party’s indemnification obligations under this Section 13.3.

Administrative Complaints/Litigation. Except as otherwise provided in this Agreement, on as of and after the Distribution Date, Civeo DPSG shall assume, and be solely liable for, the handling, administration, investigation, investigation and defense of actions, including including, without limitation, ERISA, occupational safety and health, employment standards, union grievances, wrongful dismissal, discrimination or human rights, rights and unemployment compensation claims claims, asserted at any time against Oil States Cadbury, or DPSG or their respective Affiliates by any member of the OS Group by (a) any Civeo Group DPSG Business Employee or Former Civeo Group DPSG Employee (including any dependent or beneficiary of any such Employee), (b) any consultant or independent contractor who provided or provides services primarily for the benefit of the Civeo Business or (c) any other person person, to the extent such actions or claims otherwise arise out of or relate to employment or the provision of services (whether as an employee, contractor, consultant, or otherwise) to or with respect to the business activities of any member of the Civeo Group. Clause (c) of the preceding sentence to the contrary notwithstanding, to the extent that any such legal action is brought by an OS Group Employee or Former OS Group Employee and relates to employment or the provision of services with respect to both the business activities of a member of the Civeo Group and the business activities of a member of the OS Group (excluding the Civeo Group), reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties based upon the relative levels of service provided between the Civeo Business and the businesses of the OS Group other than the Civeo DPSG Business. Further notwithstanding the foregoing, to To the extent that any legal action relates to a putative or certified class of plaintiffs, which includes both OS Group Cadbury Business Employees (or Former OS Group Cadbury Employees) and Civeo Group DPSG Business Employees (or Former Civeo Group DPSG Employees) and such action involves employment or benefit plan related claims, reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties equitably in proportion to a reasonable assessment of the relative proportion of Cadbury Business Employees (or Former Cadbury Employees) and DPSG Business Employees (or Former DPSG Employees) included in or represented by the putative or certified plaintiff class. The procedures contained in the indemnification and related litigation cooperation provisions of the Indemnification and Release Separation Agreement shall apply with respect to each Party’s indemnification obligations under this Section 13.312.03.

Administrative Complaints/Litigation. Except as otherwise provided in this Agreement, on from and after the Distribution DateEffective Time, Civeo shall assumeCRC hereby assumes, and shall be solely liable for, the handling, administration, investigation, and defense of actions, including ERISA, occupational safety and health, employment standards, union grievances, wrongful dismissal, discrimination or human rights, and unemployment compensation claims asserted at any time against Oil States OPC or any member of the OS OPC Group by (a) any Civeo CRC Group Employee or Former Civeo CRC Group Employee (including any dependent or beneficiary of any such Employee), (b) any consultant or independent contractor who provided or provides services primarily for the benefit of the Civeo CRC Business or (c) any other person to the extent such actions or claims otherwise arise out of or relate to employment or the provision of services (whether as an employee, contractor, consultant, or otherwise) to or with respect to the business activities of any member of the Civeo CRC Group. Clause (c) of the preceding sentence to the contrary notwithstanding, to the extent that any such legal action is brought by an OS OPC Group Employee or Former OS OPC Group Employee and relates to employment or the provision of services with respect to both the business activities of a member of the Civeo CRC Group and the business activities of a member of the OS OPC Group (excluding the Civeo CRC Group), reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties based upon the relative levels of service provided between the Civeo CRC Business and the businesses of the OS OPC Group other than the Civeo CRC Business. Further notwithstanding the foregoing, to the extent that any legal action relates to a putative or certified class of plaintiffs, which includes both OS OPC Group Employees (or Former OS OPC Group Employees) and Civeo CRC Group Employees (or Former Civeo CRC Group Employees) and such action involves employment or benefit plan related claims, reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties equitably in proportion to a reasonable assessment of the relative proportion of Employees included in or represented by the putative or certified plaintiff class. The procedures contained in the indemnification and related litigation cooperation provisions of the Indemnification and Release Separation Agreement shall apply with respect to each Party’s indemnification obligations under this Section 13.3.

Administrative Complaints/Litigation. Except as otherwise provided in this Agreement, on as of and after the Distribution Date, Civeo Discover shall assume, and be solely liable for, the handling, administration, investigation, investigation and defense of actions, including including, without limitation, ERISA, occupational safety and health, employment standards, union grievances, wrongful dismissal, discrimination or human rights, rights and unemployment compensation claims claims, asserted at any time against Oil States Xxxxxx Xxxxxxx, or Discover or their respective Affiliates by any member of the OS Group by (a) any Civeo Group Discover Business Employee or Former Civeo Group Discover Employee (including any dependent or beneficiary of any such Employee), (b) any consultant or independent contractor who provided or provides services primarily for the benefit of the Civeo Business or (c) any other person person, to the extent such actions or claims otherwise arise out of or relate to employment or the provision of services (whether as an employee, contractor, consultant, or otherwise) to or with respect to the business activities of any member of the Civeo Group. Clause (c) of the preceding sentence to the contrary notwithstanding, to the extent that any such legal action is brought by an OS Group Employee or Former OS Group Employee and relates to employment or the provision of services with respect to both the business activities of a member of the Civeo Group and the business activities of a member of the OS Group (excluding the Civeo Group), reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties based upon the relative levels of service provided between the Civeo Business and the businesses of the OS Group other than the Civeo Discover Business. Further notwithstanding the foregoing, to To the extent that any legal action relates to a putative or certified class of plaintiffs, which includes both OS Group Xxxxxx Xxxxxxx Business Employees (or Former OS Group Xxxxxx Xxxxxxx Employees) and Civeo Group Discover Business Employees (or Former Civeo Group Discover Employees) and such action involves employment or benefit plan related claims, reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties equitably in proportion to a reasonable assessment of the relative proportion of Xxxxxx Xxxxxxx Business Employees (or Former Xxxxxx Xxxxxxx Employees) and Discover Business Employees (or Former Discover Employees) included in or represented by the putative or certified plaintiff class. The procedures contained in the indemnification and related litigation cooperation provisions of the Indemnification and Release Distribution Agreement shall apply with respect to each Party’s indemnification obligations under this Section 13.312.03.

Administrative Complaints/Litigation. Except as otherwise provided in this Agreement, on from and after the Distribution DateEffective Time, Civeo CRC shall assume, and be solely liable for, the handling, administration, investigation, and defense of actions, including ERISA, occupational safety and health, employment standards, union grievances, wrongful dismissal, discrimination or human rights, and unemployment compensation claims asserted at any time against Oil States OPC or any member of the OS OPC Group by (a) any Civeo CRC Group Employee or Former Civeo CRC Group Employee (including any dependent or beneficiary of any such Employee), (b) any consultant or independent contractor who provided or provides services primarily for the benefit of the Civeo CRC Business or (c) any other person to the extent such actions or claims otherwise arise out of or relate to employment or the provision of services (whether as an employee, contractor, consultant, or otherwise) to or with respect to the business activities of any member of the Civeo CRC Group. Clause (c) of the preceding sentence to the contrary notwithstanding, to the extent that any such legal action is brought by an OS OPC Group Employee or Former OS OPC Group Employee and relates to employment or the provision of services with respect to both the business activities of a member of the Civeo CRC Group and the business activities of a member of the OS OPC Group (excluding the Civeo CRC Group), reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties based upon the relative levels of service provided between the Civeo CRC Business and the businesses of the OS OPC Group other than the Civeo CRC Business. Further notwithstanding the foregoing, to the extent that any legal action relates to a putative or certified class of plaintiffs, which includes both OS OPC Group Employees (or Former OS OPC Group Employees) and Civeo CRC Group Employees (or Former Civeo CRC Group Employees) and such action involves employment or benefit plan related claims, reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties equitably in proportion to a reasonable assessment of the relative proportion of Employees included in or represented by the putative or certified plaintiff class. The procedures contained in the indemnification and related litigation cooperation provisions of the Indemnification and Release Separation Agreement shall apply with respect to each Party’s indemnification obligations under this Section 13.3.

Administrative Complaints/Litigation. Except as otherwise provided in this Agreement, on as of and after the Distribution Date, Civeo DPSG shall assume, and be solely liable for, the handling, administration, investigation, investigation and defense of actions, including including, without limitation, ERISA, occupational safety and health, employment standards, union grievances, wrongful dismissal, discrimination or human rights, rights and unemployment compensation claims claims, asserted at any time against Oil States Cadbury, or DPSG or their respective Affiliates by any member of the OS Group by (a) any Civeo Group DPSG Business Employee or Former Civeo Group DPSG Employee (including any dependent or beneficiary of any such Employee), (b) any consultant or independent contractor who provided or provides services primarily for the benefit of the Civeo Business or (c) any other person person, to the extent such actions or claims otherwise arise out of or relate to employment or the provision of services (whether as an employee, contractor, consultant, or otherwise) to or with respect to the business activities of any member of the Civeo Group. Clause (c) of the preceding sentence to the contrary notwithstanding, to the extent that any such legal action is brought by an OS Group Employee or Former OS Group Employee and relates to employment or the provision of services with respect to both the business activities of a member of the Civeo Group and the business activities of a member of the OS Group (excluding the Civeo Group), reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties based upon the relative levels of service provided between the Civeo Business and the businesses of the OS Group other than the Civeo DPSG Business. Further notwithstanding the foregoing, to To the extent that any legal action relates to a putative or certified class of plaintiffs, which includes both OS Group Cadbury Business Employees (or Former OS Group Cadbury Employees) and Civeo Group DPSG Business Employees (or Former Civeo Group DPSG Employees) and such action involves employment or benefit plan related claims, reasonable costs and expenses incurred by the Parties in responding to such legal action shall be allocated among the Parties equitably in proportion to a reasonable assessment of the relative proportion of Cadbury Business Employees (or Former Cadbury Employees) and DPSG Business Employees (or Former DPSG Employees) included in or represented by the putative or certified plaintiff class. The procedures contained in the indemnification and related litigation cooperation provisions of the Indemnification and Release Separation Agreement shall apply with respect to each Party’s indemnification obligations under this Section 13.313.03.