Appointment; Nature of Relationship. (a) JPMCB is hereby appointed by each of the Lenders as its contractual representative (herein referred to as the “Administrative Agent”) hereunder and under each other Loan Document, and each of the Lenders irrevocably authorizes the Administrative Agent to act as the contractual representative of such Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Administrative Agent agrees to act as such contractual representative upon the express conditions contained in this Article X. Notwithstanding the use of the defined term “Administrative Agent,” it is expressly understood and agreed that the Administrative Agent shall not have any fiduciary responsibilities to any Lender by reason of this Agreement or any other Loan Document and that the Administrative Agent is merely acting as the contractual representative of the Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the Lenders’ contractual representative, the Administrative Agent # does not hereby assume any fiduciary duties to any of the Lenders, # is a “representative” of the Lenders within the meaning of the term “secured party” as defined in the Illinois Uniform Commercial Code and # is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Lenders hereby agrees to assert no claim against the Administrative Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Lender hereby waives.

Appointment; Nature of Relationship. [[administrative agent:Organization]] is hereby appointed by each of the [[Organization B:Organization]] as its contractual representative (herein referred to as the “Agent”) hereunder and under each other Loan Document, and each of the [[Organization B:Organization]] irrevocably authorizes the Agent to act as the contractual representative of such Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Article X. Notwithstanding the use of the defined term “Agent,” it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the contractual representative of the [[Organization B:Organization]] with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the [[Organization B:Organization]]’ contractual representative, the Agent # does not hereby assume any fiduciary duties to any of the [[Organization B:Organization]], # is a “representative” of the [[Organization B:Organization]] within the meaning of Section 9-105 of the Uniform Commercial Code and # is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the [[Organization B:Organization]] hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Lender hereby waives.

Appointment of Crestwood Midstream. Newco, on behalf of itself and the other Companies, hereby appoints Crestwood Midstream, and Crestwood Midstream hereby accepts such appointment, on the terms and conditions set forth herein, to oversee the operation and maintenance of the Facilities and manage the day-to-day operations of the Business on behalf of the Companies from and after the Effective Date.

any expert determination, mediation, or arbitration proceeding commenced pursuant to this Agreement;

If the determination of Cash Value is referred to an independent expert, and

The expert shall endeavor to resolve the Dispute within thirty (30) Days (but no later than sixty (60) Days) after the Parties’ submission of their briefs, taking into account the circumstances requiring an expeditious resolution of the matter in dispute. The expert’s decision shall be final and binding on the parties to the Dispute.

if any matter in this Lease is to be determined by an expert or an arbitrator:

This clause 18.3 is the exclusive method to resolve valuation determinations under clauses 8.4, 12.2 and 12.3 and the Parties hereby agree that such decision shall be conducted expeditiously by an independent expert selected unanimously by the parties to the Dispute. The expert is not an arbitrator of the Dispute and shall not be deemed to be acting in an arbitral capacity.

Help to facilitate the [[Organization A:Organization]]’s capital raising efforts by providing expert knowledge and perspective to potential investors.

Confidentiality: All negotiations, mediation, arbitration, and expert determinations relating to a Dispute (including a settlement resulting from negotiation or mediation, an arbitral award, documents exchanged or produced during a mediation or arbitration proceeding, and memorials, briefs or other documents prepared for the arbitration) are confidential and may not be disclosed by the Parties, their employees, officers, directors, counsel, consultants, and expert witnesses, except (in accordance with clause 15.2) to the extent necessary to enforce this clause 18 or any arbitration award, to enforce other rights of a Party, or as required by Law / Regulation; provided, however, that breach of this confidentiality provision shall not void any settlement, expert determination or award.