Common use of POLICIES AND RIGHTS INCLUDED WITHIN THE NUVOLA ASSETS Clause in Contracts

POLICIES AND RIGHTS INCLUDED WITHIN THE NUVOLA ASSETS. Without limiting the generality of the definition of the NUVOLA Assets, the NUVOLA Assets shall include (a) any and all rights of an insured party under each of the Shared Policies, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all injuries, losses, liabilities, damages and expenses incurred or claimed to have been incurred on or prior to the Distribution Date by any party in or in connection with the conduct of the NUVOLA Business (provided BOLC shall have equal rights with respect to indemnity and the right to be defended to the extent practical and appropriate) or, to the extent any claim is made against NUVOLA or any of its Subsidiaries, the BOLC Business, and which injuries, losses, liabilities, damages and expenses may arise out of insured or insurable occurrences or events under one or more of the Shared Policies provided, however, that nothing in this Section 8.1 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to NUVOLA; and (b) the NUVOLA Policies.

Appears in 4 contracts

Samples: Separation and Distribution Agreement (Nuvola, Inc.), Separation and Distribution Agreement (Nuvola, Inc.), Separation and Distribution Agreement (Nuvola, Inc.)

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