This excerpt taken from the MTA 20-F filed May 11, 2005.
Clause 5.1.1(ii)) or of the Sellers undertakings and commitments in this Agreement, in reasonable detail as soon as practicable after the Purchaser has become aware of such claim. The Parties shall cooperate in the defence, negotiation or settlement of any action, Proceeding, claim or demand that relates to such third party claim. The Purchaser shall cause the Company or the relevant Subsidiary, to the extent
permitted by Law, to give the Sellers and their advisers access to all documents and information relating to the matter. If the Sellers decide not to defend or otherwise participate in the Proceedings of such claim, the Purchaser and the Company or the Subsidiary, as the case may be, may proceed in respect of such claim as the Purchaser and the Company or the Subsidiary shall deem appropriate, without losing its rights to make a claim under this Agreement in respect of such matter.
(ii) If the amount of the third party claim exceeds