Common use of Modification of Joint Contributed Agreements Clause in Contracts

Modification of Joint Contributed Agreements. SSI has provided to VERITAS a list of the Contributed Contracts and the contracts to which the Contributed Companies are a party which create rights or obligations of both the Group Business and the business of the Contributing Companies other than the Group Business (the "JOINT CONTRIBUTED AGREEMENTS"). As soon as feasible after the date hereof, SSI and VERITAS will negotiate to agree upon a mutually acceptable arrangement between SSI and Newco and, if required, other parties with respect to the treatment of such contracts. To date, the parties have agreed as follows: with respect to distributors who distribute both Group Products and the products of any business retained by the Contributing Companies or their subsidiaries (who are not a Contributed Company), the parties shall request that the other party (or parties) to such contract terminate the Joint Contributed Agreement and enter into two new contracts on the same terms and conditions as the terminated Joint Contributed A-50 52 Agreement, one with Newco (or the relevant Contributed Company) and one with the Contributing Company or a retained subsidiary thereof, provide that Newco and its subsidiaries, on the one hand, and the Contributing Companies and their retained subsidiaries, on the other hand, shall each receive an equitable share of the benefits, payments and the Liabilities with respect to Group Products and each of the other products pursuant to the Joint Contributed Agreements, respectively, as the case may be (including, without limitation, price protection, accumulated rebate credits, product returns, warranty support and similar Liabilities). 4.17

Modification of Joint Contributed Agreements. SSI has provided to -------------------------------------------- VERITAS a list of the Contributed Contracts and the contracts to which the Contributed Companies are a party which create rights or obligations of both the Group Business and the business of the Contributing Companies other than the Group Business (the "JOINT CONTRIBUTED AGREEMENTS"). As soon as feasible after the date hereof, SSI and VERITAS will negotiate to agree upon a mutually acceptable arrangement between SSI and Newco and, if required, other parties with respect to the treatment of such contracts. To date, the parties have agreed as follows: with respect to distributors who distribute both Group Products and the products of any business retained by the Contributing Companies or their subsidiaries (who are not a Contributed Company), the parties shall request that the other party (or parties) to such contract terminate the Joint Contributed Agreement and enter into two new contracts on the same terms and conditions as the terminated Joint Contributed A-50 52 Agreement, one with Newco (or the relevant Contributed Company) and one with the Contributing Company or a retained subsidiary thereof, provide that Newco and its subsidiaries, on the one hand, and the Contributing Companies and their retained subsidiaries, on the other hand, shall each receive an equitable share of the benefits, payments and the Liabilities with respect to Group Products and each of the other products pursuant to the Joint Contributed Agreements, respectively, as the case may be (including, without limitation, price protection, accumulated rebate credits, product returns, warranty support and similar Liabilities). 4.17.