Common use of Post-Separation Services Clause in Contracts

Post-Separation Services. The Parties recognize that legal and other professional services will be provided following the Effective Time which will be rendered solely for the benefit of Parent or Spinco, as the case may be. With respect to such post-Separation services, the Parties agree as follows: (i) Spinco shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information which relates solely to the LDC Business, whether or not the privileged information is in the possession of or under the control of Parent or Spinco. Spinco shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting LDC Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated against or by Spinco, whether or not the privileged information is in the possession of or under the control of Parent or Spinco; and (ii) Parent shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information which relates solely to any Retained Business, whether or not the privileged information is in the possession of or under the control of Parent or Spinco. Parent shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting Retained Business Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated against or by Parent, whether or not the privileged information is in the possession of or under the control of Parent or Spinco.

Post-Separation Services. The Parties recognize that legal and other professional services will be provided following the Effective Time Date which will be rendered solely for the benefit of Parent Questar or SpincoQEP, as the case may be. With respect to such post-Separation separation services, the Parties agree as follows: (i) Spinco Questar shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information which relates solely to the LDC Questar Business, whether or not the privileged information is in the possession of or under the control of Parent Questar or SpincoQEP. Spinco Questar shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting LDC Questar Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated against or by SpincoQuestar, whether or not the privileged information is in the possession of or under the control of Parent Questar or SpincoQEP; and (ii) Parent QEP shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information which relates solely to any Retained the QEP Business, whether or not the privileged information is in the possession of or under the control of Parent Questar or SpincoQEP. Parent QEP shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting Retained Business QEP Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated against or by ParentQEP, whether or not the privileged information is in the possession of or under the control of Parent Questar or SpincoQEP.