Overlapping Claims. Notwithstanding Section 7.1 and Section 7.2, in the event a Claim relates to periods or matters for which both of Alkermes and Corregidor may have responsibility or for which each of the Parties may have indemnification obligations to the other under this Article 7, (i) if either Party elects to join the defense of such Claim to be commenced by the other Party, then (A) Corregidor and Alkermes shall jointly select counsel to represent the Parties in the defense of the Claim and the Parties shall share all attorneys’ fees and legal costs related to the Claim based on the portion of the matter or period underlying the Claim for which each Party has responsibility and, if necessary, a Party shall reimburse the other Party for any payment for attorneys’ fees and legal costs related to the Claim in excess of such other Party’s proportional share; (B) Corregidor and Alkermes shall jointly decide upon all matters, including strategy, related to the defense of the Claim; (C) the Parties shall provide all reasonable cooperation to each other and the selected counsel in the defense of such Claim; (D) each Party shall have the right to have independent counsel selected by it participate, at such Party’s sole expense, in the preparation of, and discussions related to, the defense of such Claim; (E) neither Party shall settle or compromise, or consent to the entry of any judgment with respect to, any such Claim, without the prior written consent of the other Party, which will not be unreasonably withheld or delayed; and (F) each Party shall pay that portion of any damages or settlement THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. EXECUTION COPY amounts resulting from any such Claim which relates to the period(s) or matter(s) for which it has responsibility under this Agreement; or (ii) if a Party elects not to join the defense of such Claim to be commenced by the other Party, then (A) such other Party shall defend against such Claim, and the Parties shall share all attorneys’ fees and legal costs related to the Claim based on the portion of the matter or period underlying the Claim for which each Party has responsibility and, if necessary, a Party shall reimburse the other Party for any payment for attorneys’ fees and legal costs related to the Claim in excess of such other Party’s proportional share; (B) the Part...
Overlapping Claims. 7.1 The Parties accept recommendation eight of the British Columbia Claims Task Force Report that: “First Nations resolve issues relating to overlapping traditional territories among themselves.”The Lake Xxxxxx Nation is committed to resolving any issues resulting from Overlaps Claims which may affect the conclusion of a Final Agreement.
Overlapping Claims. 7.1 The Gitxsan shall resolve overlap claims, if any, with other First Nations and provide regular reports on the status of any overlap claims to the Main Table.
Overlapping Claims. 9.1 The Tsleil Waututh Nation shall resolve any Overlap issues it may have with other First Nations and report back to the main table from time to time regarding the status of its Overlap discussions.
Overlapping Claims. 8.1 The YFN shall make best efforts to resolve Overlap claims, if any, with other First Nations and provide regular reports on the status of overlap discussions to the Main Table.
Overlapping Claims. 7.1 The Tsimshian Nation shall resolve any Overlap claims it may have with other First Nations and periodically report on the status of Overlap claims to the Main Table.
Overlapping Claims. 8.1 The Homalco First Nation will resolve any issues resulting from overlap claims with other First Nations which affect the conclusion of a Final Agreement. The Homalco First Nation will provide information to the Main Table on a regular basis on the status of overlap claims.
Overlapping Claims. To the extent a claim or challenge concerns both Pre-12/12/94 Governmental Claims (as defined in paragraph 3.3.1) and Post-12/11/94
Overlapping Claims. To the extent a claim or challenge concerns both Pre-12/12/94 Governmental Claims and Post-12/11/94 Governmental Claims, Peabody shall only be obligated to indemnify the Participants for any Award Regarding Pre-12/12/94
Overlapping Claims. 37. The parties agree that overlapping claim issues over redress assets will need to be addressed to the satisfaction of the Crown before a Deed of Settlement can be concluded. The parties also agree that certain items of redress provided to the HapG as part of the Deed of Settlement may need to reflect the importance of an area or feature to other claimant groups.
