Incorrectly Transferred Assets Clause Samples

Incorrectly Transferred Assets. Subject to Clause 9 (Transferring Contracts and Non-Transferring Tenders), Clause 16 (Access to Information; Books and Records), Clause 30.3 (Matters Governed Exclusively by Ancillary Agreements) and Schedule 1 (Transferring Contracts and Non-Transferring Tenders), and except in relation to any Intellectual Property Right (in respect of which, to the extent relevant, the provisions of Clause 20.3 (Intellectual - 79 - Property Wrong Pockets) shall apply), any monies to which Clause 11 (Accounts Payable and Receivable) applies or as otherwise expressly provided for in this Agreement, any Ancillary Agreement or the US Brands Commercial Agreement, if, following the Separation Date: (a) any property, right or asset not forming part of the Sandoz Business (other than any Intellectual Property Right or any property, right or asset expressly included under this Agreement or any Ancillary Agreement) is found to have and should not have been transferred to Sandoz or another member of the Sandoz Group pursuant to this Agreement or any Ancillary Agreement, Sandoz shall transfer (or procure the transfer of) such property, right or asset as soon as practicable to the transferor or another member of the Novartis Group nominated by Novartis reasonably acceptable to Sandoz at no cost to the Novartis Group; or (b) any property, right or asset not forming part of the Novartis Business (other than any Intellectual Property Right or any property, right or asset expressly included under this Agreement or any Ancillary Agreement) is found to have and should not have been transferred to Novartis or another member of the Novartis Group pursuant to this Agreement or any Ancillary Agreement, Novartis shall transfer (or procure the transfer of) such property, right or asset as soon as practicable to the transferor or another member of the Sandoz Group nominated by Sandoz reasonably acceptable to Novartis at no cost to the Sandoz Group.