Common use of Private Litigation Clause in Contracts

Private Litigation. This Agreement does not limit the Secretary’s authority to submit amicus curiae briefs in litigation brought against Wilmington Trust by private parties or the Secretary’s authority to disclose information in response to requests that the Secretary receives under the Freedom of Information Act. The Secretary does not otherwise intend to participate in litigation or disputes involving Wilmington Trust’s provision of services as a trustee or fiduciary in connection with the Released ESOP Transactions.