Common use of Litigation Support and Production of Witnesses Clause in Contracts

Litigation Support and Production of Witnesses. After the Effective Time, each member of the RemainCo Group and the SpinCo Group shall use commercially reasonable efforts to provide assistance to the other with respect to any Third Party Claim, and to make available to the other, upon written request: (a) such employees who have expertise or knowledge with respect to the other party’s business or products or matters in litigation or alternative dispute resolution, for the purpose of consultation and/or as a witness; and (b) its directors, officers, other employees and agents, as witnesses, in each case to the extent that the requesting party believes any such Person may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting party may from time to time be involved. The employing party agrees that such consultant or witness shall be made available to the requesting party upon commercially reasonable notice to the same extent that such employing party would have made such consultant or witness available if the Distribution had not occurred. The requesting party agrees to cooperate with the employing party in giving consideration to business demands of such Persons.

Litigation Support and Production of Witnesses. After the Effective TimeDistribution Date, each member of the RemainCo Sabra Group and the SpinCo New Sun Group shall use commercially reasonable efforts to provide assistance to the other with respect to any Third Party Claim, Litigation Matters and to make available to the other, upon written request: (a) such employees who have expertise or knowledge with respect to the other party’s business or products or matters in litigation or alternative dispute resolutionlitigation, for the purpose of consultation and/or as a witness; and (b) its directors, officers, other employees and agents, as witnesses, in each case to the extent that the requesting party believes any such Person may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting party may from time to time be involved. The employing party agrees that such consultant or witness shall be made available to the requesting party upon commercially reasonable notice to the same extent that such employing party would have made such consultant or witness available if the Distribution had not occurred. The requesting party agrees to cooperate with the employing party in giving consideration to business demands of such Persons.

Litigation Support and Production of Witnesses. After the Effective TimeDistribution Date, each member of the RemainCo Group and the SpinCo Group shall use commercially reasonable efforts to provide assistance to the other with respect to any Third Party Claim, and to make available to the other, upon written request: (a) such employees who have expertise or knowledge with respect to the other party’s business or products or matters in litigation or alternative dispute resolution, for the purpose of consultation and/or as a witness; and (b) its directors, officers, other employees and agents, as witnesses, in each case to the extent that the requesting party believes any such Person may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting party may from time to time be involved. The employing party agrees that such consultant or witness shall be made available to the requesting party upon commercially reasonable notice to the same extent that such employing party would have made such consultant or witness available if the Distribution had not occurred. The requesting party agrees to cooperate with the employing party in giving consideration to business demands of such Persons.

Litigation Support and Production of Witnesses. After the Effective TimeDistribution Date, each member of the RemainCo Altria Group and the SpinCo Kraft Group shall use commercially reasonable efforts to provide assistance to the other with respect to any Third Third-Party Claim, and to make available to the other, upon written request: (ai) such employees who have expertise or knowledge with respect to the other party’s business or products or matters in litigation or alternative dispute resolution, for the purpose of consultation and/or as a witness; and (bii) its directors, officers, other employees and agents, as witnesses, in each case to the extent that the requesting party believes any such Person may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting party may from time to time be involved. The employing party agrees that such consultant or witness shall be made available to the requesting party upon commercially reasonable notice to the same extent that such employing party would have made such consultant or witness available if the Distribution had not occurred. The requesting party agrees to cooperate with the employing party in giving consideration to business demands of such Persons.

Litigation Support and Production of Witnesses. After the Effective Time---------------------------------------------- Distribution Date, each member of the RemainCo Vencor Group and the SpinCo Healthcare Company Group shall use commercially reasonable efforts to provide assistance to the other with respect to any Third Party Claim, Litigation Matters and to make available to the other, upon written request: (a) such employees who have expertise or knowledge with respect to the other party’s 's business or products or matters in litigation or alternative dispute resolutionlitigation, for the purpose of consultation and/or as a witness; and (b) its directors, officers, other employees and agents, as witnesses, in each case to the extent that the requesting party believes any such Person may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting party may from time to time be involved. The employing party agrees that such consultant or witness witfess shall be made available to the requesting party upon commercially reasonable notice to the same extent that such employing party would have made such consultant or witness available if the Distribution had not occurred. The requesting party agrees to cooperate with the employing party in giving consideration to business demands of such suc` Persons.

Litigation Support and Production of Witnesses. After the Effective TimeDistribution Date, each member of the RemainCo Monsanto Group and the SpinCo Chemicals Group shall use commercially reasonable efforts to provide assistance to the other with respect to any Third Party Claim, litigation and to make available to the other, upon written request: (ai) such employees who have expertise or knowledge with respect to the other party’s 's business or products or matters in litigation or alternative dispute resolutionlitigation, for the purpose of consultation and/or as a witness; and (bii) its directors, officers, other employees and agents, as witnesses, in each case to the extent that the requesting party believes any such Person may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting party may from time to time be involved. The employing party agrees that such consultant or witness shall be made available to the requesting party upon commercially reasonable notice to the same extent that such employing party would have made such consultant or witness available if the Distribution had not occurred. The requesting party agrees to cooperate with the employing party in giving consideration to business demands of such Persons.party

Litigation Support and Production of Witnesses. After the Effective TimeDistribution Date, each member of the RemainCo Altria Group and the SpinCo Kraft Group shall use commercially reasonable efforts to provide assistance to the other with respect to any Third Party Claim, and to make available to the other, upon written request: (ai) such employees who have expertise or knowledge with respect to the other party’s business or products or matters in litigation or alternative dispute resolution, for the purpose of consultation and/or as a witness; and (bii) its directors, officers, other employees and agents, as witnesses, in each case to the extent that the requesting party believes any such Person may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting party may from time to time be involved. The employing party agrees that such consultant or witness shall be made available to the requesting party upon commercially reasonable notice to the same extent that such employing party would have made such consultant or witness available if the Distribution had not occurred. The requesting party agrees to cooperate with the employing party in giving consideration to business demands of such Persons.

Litigation Support and Production of Witnesses. After the Effective TimeDistribution Date, each member of the RemainCo Monsanto Group and the SpinCo Chemicals Group shall use commercially reasonable efforts to provide assistance to the other with respect to any Third Party Claim, litigation and to make available to the other, upon written request: (ai) such employees who have expertise or knowledge with respect to the other party’s 's business or products or matters in litigation or alternative dispute resolutionlitigation, for the purpose of consultation and/or as a witness; and (bii) its directors, officers, other employees and agents, as witnesses, in each case to the extent that the requesting party believes any such Person may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting party may from time to time be involved. The employing party agrees that such consultant or witness shall be made available to the requesting party upon commercially reasonable notice to the same extent that such employing party would have made such consultant or witness available if the Distribution had not occurred. The requesting party agrees to cooperate with the employing party in giving consideration to business demands of such Persons.

Litigation Support and Production of Witnesses. After the Effective TimeSeparation Date, each member of the RemainCo Pharmacia Group and the SpinCo Monsanto Group shall use commercially reasonable efforts to provide assistance to the other with respect to any Third Party Claim, and to make available to the other, upon written request: (ai) such employees who have expertise or knowledge with respect to the other party’s 's business or products or matters in litigation or alternative dispute resolution, for the purpose of consultation and/or as a witness; and (bii) its directors, officers, other employees and agents, as witnesses, in each case to the extent that the requesting party believes any such Person may reasonably be useful or required in connection with any legal, administrative or other proceedings in which the requesting party may from time to time be involved. The employing party agrees that such consultant or witness shall be made available to the requesting party upon commercially reasonable notice to the same extent that such employing party would have made such consultant or witness available if the Distribution Separation had not occurred. The requesting party agrees to cooperate with the employing party in giving consideration to business demands of such Persons.