Common use of Policies and Rights Included Within Assets Clause in Contracts

Policies and Rights Included Within Assets. The Fountain Assets shall include (i) any and all rights of an insured Party under each of the Fountain Shared Policies, subject to the terms of such Fountain Shared Policies and any limitations or obligations of Fountain contemplated by this Article X, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all actual or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses which occurred or are alleged to have occurred, in whole or in part, prior to the Fountain Distribution Date by either Party in or in connection with the conduct of the Fountain Business, regardless of whether any suit, claim, action or proceeding is brought before or after the Fountain Distribution Date or, to the extent any claim is made against Fountain or any of its Subsidiaries or the conduct of the Trident Retained Business, and which actual or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses may arise out of an insured or insurable occurrence or wrongful act under one or more of such Fountain Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Fountain Shared Policies, or any of them, to Fountain, and (ii) the Fountain Policies.

Policies and Rights Included Within Assets. The Fountain ADT North American R/SB Assets shall include (i) any and all rights of an insured Party under each of the Fountain ADT North American R/SB Shared Policies, subject to the terms of such Fountain ADT North American R/SB Shared Policies and any limitations or obligations of Fountain ADT NA contemplated by this Article XXI, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all actual actual, contingent or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses which occurred or are alleged to have occurred, in whole or in part, prior to the Fountain ADT NA Distribution Date by either Party in or in connection with the conduct of the Fountain ADT North American R/SB Business, regardless of whether any suit, claim, action or proceeding is brought before or after the Fountain ADT NA Distribution Date or, to the extent any claim is made against Fountain ADT NA or any of its Subsidiaries or the conduct of the Trident Tyco Retained Business, and which actual or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses may arise out of an insured or insurable occurrence or wrongful act under one or more of such Fountain ADT North American R/SB Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Fountain ADT North American R/SB Shared Policies, or any of them, to FountainADT NA, and (ii) the Fountain ADT North American R/SB Policies.

Policies and Rights Included Within Assets. The Fountain Beverages Assets shall include (i) any and all rights of an insured Party under each of the Fountain Beverages Shared Policies, subject to the terms of such Fountain Beverages Shared Policies and any limitations or obligations of Fountain DPS contemplated by this Article XARTICLE IX, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all actual or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses which occurred incurred or are alleged claimed to have occurred, in whole or in part, been incurred prior to the Fountain Distribution Date by either any Party in or in connection with the conduct of the Fountain Business, regardless of whether any suit, claim, action or proceeding is brought before or after the Fountain Distribution Date Beverages Business or, to the extent any claim is made against Fountain DPS or any of its Subsidiaries or the conduct of the Trident Retained Cadbury plc Business, and which actual or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses may arise out of an insured or insurable event, occurrence or wrongful act under one or more of such Fountain Beverages Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Fountain Beverages Shared Policies, or any of them, to FountainDPS, and (ii) the Fountain Beverages Policies.

Policies and Rights Included Within Assets. The Fountain Assets Lanixx Xxxets shall include (ia) any and all rights of an insured Party party under each of the Fountain Shared Harrxx Xxxred Policies, subject to the terms of such Fountain Shared Harrxx Xxxred Policies and any limitations or obligations of Fountain contemplated Lanixx xxxtemplated by this Article XVI, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all actual or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses which occurred incurred or are alleged claimed to have occurred, in whole or in part, been incurred prior to the Fountain Distribution Date by either Party any party in or in connection with the conduct of the Fountain Business, regardless of whether any suit, claim, action or proceeding is brought before or after the Fountain Distribution Date Lanixx Xxxiness or, to the extent any claim is made against Fountain or Lanixx xx any of its Subsidiaries or the Lanixx Xxxsidiaries, the conduct of the Trident Retained BusinessHarrxx Xxxiness, and which actual or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses may arise out of an insured or insurable occurrence or wrongful act under one or more of such Fountain Shared Harrxx Xxxred Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment or transfer of such Fountain Shared Harrxx Xxxred Policies, or any of them, to FountainLanixx, and xxd (iib) the Fountain PoliciesLanixx Xxxicies.

Policies and Rights Included Within Assets. (a) The Fountain Cognizant Assets shall include (i) any and all rights of an insured Party party under each of the Fountain Cognizant Shared Policies, subject to the terms of such Fountain Cognizant Shared Policies and any limitations or obligations of Fountain Cognizant contemplated by this Article XVII, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all actual or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses which occurred incurred or are alleged claimed to have occurred, in whole or in part, been incurred prior to the Fountain Distribution Date by either Party 44 44 any party in or in connection with the conduct of the Fountain Business, regardless of whether any suit, claim, action or proceeding is brought before or after the Fountain Distribution Date Cognizant Business or, to the extent any claim is made against Fountain Cognizant or any of its Subsidiaries or Subsidiaries, the conduct of the Trident Retained D&B Business or the ACNielsen Business, and which actual or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses may arise out of an insured or insurable occurrence or wrongful act under one or more of such Fountain Cognizant Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Fountain Cognizant Shared Policies, or any of them, to FountainCognizant, and (ii) the Fountain Cognizant Policies. (b) The ACNielsen Assets shall include (i) any and all rights of an insured party under each of the ACNielsen Shared Policies, subject to the terms of such ACNielsen Shared Policies and any limitations or obligations of ACNielsen contemplated by this Article VII, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses incurred or claimed to have been incurred prior to the Distribution Date by any party in or in connection with the conduct of the ACNielsen Business or, to the extent any claim is made against ACNielsen or any of its Subsidiaries, the conduct of the D&B Business or the Cognizant Business, and which claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses may arise out of an insured or insurable occurrence under one or more of such ACNielsen Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such ACNielsen Shared Policies, or any of them, to ACNielsen, and (ii) the ACNielsen Policies.

Policies and Rights Included Within Assets. (a) The Fountain New ATAPCO Assets shall include (i) any and all rights of an insured Party party under each of the Fountain New ATAPCO Shared Policies, subject to the terms of such Fountain New ATAPCO Shared Policies and any limitations or obligations of Fountain New ATAPCO contemplated by this Article X, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all actual or alleged wrongful acts, occurrences, events, claims, suits, actionsActions, proceedings, injuries, losses, liabilitiesLiabilities, damages and expenses which occurred incurred or are alleged claimed to have occurred, in whole been incurred on or in part, prior to the Fountain Distribution Exchange Date by either Party any party in or in connection with the conduct of the Fountain Business, regardless of whether any suit, claim, action or proceeding is brought before or after the Fountain Distribution Date New ATAPCO Business or, to the extent any claim is made against Fountain New ATAPCO or any of its Subsidiaries or Subsidiaries, the conduct of the Trident Retained ATRECO Business, the Gateway Business, the Xxxxxxx Business or the Baltimore Management Business, and which actual or alleged wrongful acts, occurrences, events, claims, suits, actionsActions, proceedings, injuries, losses, liabilitiesLiabilities, damages and expenses may arise out of an insured or insurable occurrence or wrongful act under one or more of such Fountain New ATAPCO Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Fountain New ATAPCO Shared Policies, or any of them, to FountainNew ATAPCO, and (ii) the Fountain New ATAPCO Policies. (b) The ATRECO Assets shall include (i) any and all rights of an insured party under each of the ATRECO Shared Policies, subject to the terms of such ATRECO Shared Policies and any limitations or obligations of ATRECO contemplated by this Article X, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all claims, suits, Actions, proceedings, injuries, losses, Liabilities, damages and expenses incurred or claimed to have been incurred on or prior to the Exchange Date by any party in or in connection with the conduct of the ATRECO Business or, to the extent any claim is made against ATRECO or any of its Subsidiaries, the conduct of the New ATAPCO Businesstimore Management Business, and which claims, suits, Actions, proceedings, injuries, losses, Liabilities, damages and expenses may arise out of an insured or insurable occurrence under one or more of such ATRECO Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such ATRECO Shared Policies, or any of them, to ATRECO, and (ii) the ATRECO Policies. (c) The Gateway Assets shall include (i) any and all rights of an insured party under each of the Gateway Shared Policies, subject to the terms of such Gateway Shared Policies and any limitations or obligations of Gateway contemplated by this Article X, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all claims, suits, Actions, proceedings, injuries, losses, Liabilities, damages and expenses incurred or claimed to have been incurred on or prior to the Exchange Date by any party in or in connection with the conduct of the Gateway Business or, to the extent any claim is made against Gateway or any of its Subsidiaries, the conduct of the New ATAPCO Business, the ATRECO Business, the Xxxxxxx Business or the Baltimore Management Business, and which claims, suits, Actions, proceedings, injuries, losses, Liabilities, damages and expenses may arise out of an insured or insurable occurrence under one or more of such Gateway Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Gateway Shared Policies, or any of them, to Gateway, and (ii) the Gateway Policies. (d) The Xxxxxxx Assets shall include (i) any and all rights of an insured party under each of the Xxxxxxx Shared Policies, subject to the terms of such Xxxxxxx Shared Policies and any limitations or obligations of Xxxxxxx contemplated by this Article X, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all claims, suits, Actions, proceedings, injuries, losses, Liabilities, damages and expenses incurred or claimed to have been incurred on or prior to the Exchange Date by any party in or in connection with the conduct of the Xxxxxxx Business or, to the extent any claim is made against Xxxxxxx or any of its Subsidiaries, the conduct of the New ATAPCO Business, the ATRECO Business, the Gateway Business and the Baltimore Management Business, and which claims, suits, Actions, proceedings, injuries, losses, Liabilities, damages and expenses may arise out of an insured or insurable occurrence under one or more of such Xxxxxxx Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Xxxxxxx Shared Policies, or any of them, to Xxxxxxx, and (ii) the Xxxxxxx Policies. (e) The Baltimore Management Assets shall include (i) any and all rights of an insured party under each of the Baltimore Management shared Policies, subject to the terms of such Baltimore Management Shared Policies and any limitations or obligations of Baltimore Management contemplated by this Article X, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all claims, suits, Actions, proceedings, injuries, losses, Liabilities, damages and expenses incurred or claims to have been incurred on or prior to the Exchange Date by any party in or in connection with the conduct of the Baltimore Management Business or, to the extent any claim is made against Baltimore Management or any of itthe ATRECO Business, the Gateway Business or the Xxxxxxx Business, and which claims, suits, Actions proceedings, injuries, losses, Liabilities, damages and expenses may arise out of an insured or insurable occurrence under one or more of such Baltimore Management Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Baltimore Management Shared Policies, or any of them, to Baltimore Management, and (ii) the Baltimore Management Policies.