Acceptance and Assumption of Liabilities by Lumentum. Upon the Transfer Date or the date of Contribution, whichever is applicable, except as provided in this Agreement, the Lumentum Group shall retain or accept, and assume, and agree faithfully to perform, discharge and fulfill the following Liabilities in accordance with their respective terms, regardless of when or where such Liabilities arose or arise, whether the facts on which they are based occurred prior to, on or subsequent to the Transfer Date, where or against whom such Liabilities are asserted or determined, whether such Liabilities are asserted or determined prior to the date of this Agreement, and whether such Liabilities arise from or are alleged to arise from negligence, recklessness, violation of Law, fraud or misrepresentation by any member of the JDSU Group or the Lumentum Group, or any of their respective directors, officers, employees, agents, Subsidiaries or Affiliates:
Appears in 5 contracts
Samples: Employee Matters Agreement (Lumentum Holdings Inc.), Employee Matters Agreement (Viavi Solutions Inc.), Employee Matters Agreement (Lumentum Holdings Inc.)
