2016-04-25_GENERAL DOCUMENTS - C1982056 (10)

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Case 16-42529 Doc 215 Filed 04/20/16 Entered 04/20/16 11:31:44 Main Document P6of7 16. All requests by KCC for the payment of indemnification as set forth in the Engagement Agreement shall be made by means of an application to the Court and shall be subject to review by the Court to ensure that payment of such indemnity conforms to the terms of the Engagement Agreement and is reasonable under the circumstances of the litigation or settlement in respect of which indemnity is sought, provided, however, that in no event shall KCC be indemnified in the case of its own gross negligence or willful misconduct. 17. In the event that KCC seeks reimbursement from the Debtors for attorneys' fees and expenses in connection with the payment of an indemnity claim pursuant to the Engagement Agreement, the invoices and supporting time records for the attorneys' fees and expenses shall be included in KCC's own applications, both interim and final, but determined by this Court after notice and a hearing. 18. In the event KCC is unable to provide the services set out in this Order, KCC will immediately notify the Clerk's Office and the Debtors' attorneys and, upon approval of the Court, cause all original proofs of claim and computer information to be turned over to another claims and noticing agent with the advice and consent of the Clerk's Office and the Debtors' attorneys. 19. The parties shall meet and confer in an attempt to resolve any dispute that might arise relating to the Engagement Agreement or monthly invoices. If the parties, after meeting and conferring are unable to resolve their dispute, they may seek resolution of the matter from the Court. 20. The Debtors may submit a separate retention application, pursuant to Section 327 of the Bankruptcy Code and/or any applicable law, for work that is to be performed by KCC but is not specifically authorized by this Order. G