Common use of Mixed Contracts Clause in Contracts

Mixed Contracts. Each Party will assign each Mixed Contract in whole or in part as set out on Schedule 2.06, to the other Party or another member of the other Party’s Group (as designated by that Party) before or as of the Distribution Time. The other Party will be entitled to the rights and benefits of each assigned Mixed Contract and will assume the related portion of any obligations thereunder and any Liabilities inuring to its businesses. If any Mixed Contract cannot be so partially assigned, Sprint and Embarq will, and will cause each member of their respective Groups to, take such other reasonable and permissible actions to cause: (a) the Assets associated with that portion of each Mixed Contract that relates to the Embarq Business to be enjoyed by Embarq or another member of the Embarq Group; (b) the Liabilities associated with that portion of each Mixed Contract that relates to the Embarq Business to be borne by Embarq or another member of the Embarq Group; (c) the Assets associated with that portion of each Mixed Contract that relates to the Sprint Business to be enjoyed by Sprint or another member of the Sprint Group; and (d) the Liabilities associated with that portion of each Mixed Contract that relates to the Sprint Business to be borne by Sprint or another member of the Sprint Group.

Mixed Contracts. Each Party will assign each Mixed Contract in whole or in part as part, including those set out forth on Schedule 2.06, to the other Party or another member of the other Party’s Group (as designated by that Party) before or as of the Distribution Time. The other Party will be entitled to the rights and benefits of each assigned Mixed Contract and will assume the related portion of any obligations thereunder and any Liabilities inuring to its businesses. If any Mixed Contract cannot be so partially assigned, Sprint NTELOS and Embarq Wireline will, and will cause each member of their respective Groups to, take such other reasonable and permissible actions to cause: (a) the Assets associated with that portion of each Mixed Contract that relates to the Embarq Wireline Business to be enjoyed by Embarq Wireline or another member of the Embarq Wireline Group; (b) the Liabilities associated with that portion of each Mixed Contract that relates to the Embarq Wireline Business to be borne by Embarq Wireline or another member of the Embarq Wireline Group; (c) the Assets associated with that portion of each Mixed Contract that relates to the Sprint NTELOS Business to be enjoyed by Sprint NTELOS or another member of the Sprint NTELOS Group; and (d) the Liabilities associated with that portion of each Mixed Contract that relates to the Sprint NTELOS Business to be borne by Sprint NTELOS or another member of the Sprint NTELOS Group.

Mixed Contracts. Each Party will assign each Mixed Contract in whole or in part as set out on Schedule 2.06, to the other Party or another member of the other Party’s Group (as designated by that Party) before or as of the Distribution Time. The other Party will be entitled to the rights and benefits of each assigned Mixed Contract and will assume the related portion of any obligations thereunder and any Liabilities inuring to its businesses. If any Mixed Contract cannot be so partially assigned, Sprint NTELOS and Embarq Wireline will, and will cause each member of their respective Groups to, take such other reasonable and permissible actions to cause: (a) the Assets associated with that portion of each Mixed Contract that relates to the Embarq Wireline Business to be enjoyed by Embarq Wireline or another member of the Embarq Wireline Group; (b) the Liabilities associated with that portion of each Mixed Contract that relates to the Embarq Wireline Business to be borne by Embarq Wireline or another member of the Embarq Wireline Group; (c) the Assets associated with that portion of each Mixed Contract that relates to the Sprint NTELOS Business to be enjoyed by Sprint NTELOS or another member of the Sprint NTELOS Group; and (d) the Liabilities associated with that portion of each Mixed Contract that relates to the Sprint NTELOS Business to be borne by Sprint NTELOS or another member of the Sprint NTELOS Group.