Common use of References; Interpretation Clause in Contracts

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “Company” shall also be deemed to refer to the applicable member of the Company Group, references to “SpinCo” shall also be deemed to refer to the applicable member of the SpinCo Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company or SpinCo shall be deemed to require the Company, SpinCo or Parent, as the case may be, to cause the applicable members of the Company Group or the SpinCo Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyAir Products” shall also be deemed to refer to the applicable member of the Company Air Products Group, references to “SpinCoVersum” shall also be deemed to refer to the applicable member of the SpinCo Versum Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Air Products or SpinCo Versum shall be deemed to require the Company, SpinCo Air Products or ParentVersum, as the case may be, to cause the applicable members of the Company Air Products Group or the SpinCo Versum Group, respectively, to take, or refrain from taking, any such action. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York Eastern time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyBiogen” shall also be deemed to refer to the applicable member of the Company Biogen Group, references to “SpinCoBioverativ” shall also be deemed to refer to the applicable member of the SpinCo Bioverativ Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Biogen or SpinCo Bioverativ shall be deemed to require the Company, SpinCo Biogen or ParentBioverativ, as the case may be, to cause the applicable members of the Company Biogen Group or the SpinCo Bioverativ Group, respectively, to take, or refrain from taking, any such action. In The word “or” shall not be exclusive. References to any “statute” or “regulation” are to such statute or regulation as amended, modified, supplemented or replaced from time to time (and, in the event case of any inconsistency or conflict which may arise in the application or interpretation statute, include any rules and regulations promulgated under such statute) and to any “section of any of statute or regulation” include any successor to such section. References to any Governmental Entity include any successor to such Governmental Entity, and references to any Affiliate include any successor to such Affiliate. Whenever the definitions set forth in Section 1.1, last day for the purpose exercise of determining what is and is not included in any right or the discharge of any duty under this Agreement falls on other than a Business Day, the Party having such definitionsright or duty shall have until the next Business Day to exercise such right or discharge such duty. Unless otherwise indicated, any item explicitly included on the word “day” shall be interpreted as a Schedule referred to in any such definition shall take priority over any provision of the text thereofcalendar day.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyParent” shall also be deemed to refer to the applicable member of the Company Parent Group, references to “SpinCo” shall also be deemed to refer to the applicable member of the SpinCo Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Parent or SpinCo shall be deemed to require the Company, SpinCo Parent or ParentSpinCo, as the case may be, to cause the applicable members of the Company Parent Group or the SpinCo Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyLigand” shall also be deemed to refer to the applicable member of the Company Ligand Group, references to “SpinCoOmniAb” shall also be deemed to refer to the applicable member of the SpinCo OmniAb Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Ligand or SpinCo OmniAb shall be deemed to require the Company, SpinCo Ligand or ParentOmniAb, as the case may be, to cause the applicable members of the Company Ligand Group or the SpinCo OmniAb Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York Eastern time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyIronwood” shall also be deemed to refer to the applicable member of the Company Ironwood Group, references to “SpinCoCyclerion” shall also be deemed to refer to the applicable member of the SpinCo Cyclerion Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Ironwood or SpinCo Cyclerion shall be deemed to require the Company, SpinCo Ironwood or ParentCyclerion, as the case may be, to cause the applicable members of the Company Ironwood Group or the SpinCo Cyclerion Group, respectively, to take, or refrain from taking, any such action. In The word “or” shall not be exclusive. References to any “statute” or “regulation” are to such statute or regulation as amended, modified, supplemented or replaced from time to time (and, in the event case of any inconsistency or conflict which may arise in the application or interpretation statute, include any rules and regulations promulgated under such statute) and to any “section of any of statute or regulation” include any successor to such section. References to any Governmental Entity include any successor to such Governmental Entity, and references to any Affiliate include any successor to such Affiliate. Whenever the definitions set forth in Section 1.1, last day for the purpose exercise of determining what is and is not included in any right or the discharge of any duty under this Agreement falls on other than a Business Day, the Party having such definitionsright or duty shall have until the next Business Day to exercise such right or discharge such duty. Unless otherwise indicated, any item explicitly included on the word “day” shall be interpreted as a Schedule referred to in any such definition shall take priority over any provision of the text thereofcalendar day.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyXxxxxxx” shall also be deemed to refer to the applicable member of the Company Xxxxxxx Group, references to “SpinCoVeralto” shall also be deemed to refer to the applicable member of the SpinCo Veralto Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Xxxxxxx or SpinCo Veralto shall be deemed to require the Company, SpinCo Xxxxxxx or ParentVeralto, as the case may be, to cause the applicable members of the Company Xxxxxxx Group or the SpinCo Veralto Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. References to the definitions contained in this Agreement are applicable to the other grammatical forms of such terms. Unless the context otherwise requires, the words “include”, ,” “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. .” Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits Sections and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, ,” “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyJoyoung” shall also be deemed to refer to the applicable member of the Company JS Global Group, references to “SpinCoSharkNinja” shall also be deemed to refer to the applicable member of the SpinCo SharkNinja Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Joyoung or SpinCo SharkNinja shall be deemed to require the Company, SpinCo Joyoung or ParentSharkNinja, as the case may be, to cause the applicable members of the Company JS Global Group or the SpinCo SharkNinja Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyXxxxxxx” shall also be deemed to refer to the applicable member of the Company Xxxxxxx Group, references to “SpinCoFortive” shall also be deemed to refer to the applicable member of the SpinCo Fortive Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Xxxxxxx or SpinCo Fortive shall be deemed to require the Company, SpinCo Xxxxxxx or ParentFortive, as the case may be, to cause the applicable members of the Company Xxxxxxx Group or the SpinCo Fortive Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, ,” “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. .” Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, ,” “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyDevCo” shall also be deemed to refer to the applicable member of the Company DevCo Group, references to “SpinCo” shall also be deemed to refer to the applicable member of the SpinCo Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company DevCo or SpinCo shall be deemed to require the Company, SpinCo DevCo or ParentSpinCo, as the case may be, to cause the applicable members of the Company DevCo Group or the SpinCo Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The word “or” shall have the inclusive meaning represented by the phrase “and/or.” Any reference to any agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof and by this Agreement. Any reference to any Law (including statutes and ordinances) means such law (including all rules and regulations promulgated thereunder) as amended, modified, codified or reenacted, in whole or in part, and in effect at the time of determining compliance or applicability. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyXxxxxxx” shall also be deemed to refer to the applicable member of the Company Xxxxxxx Group, references to “SpinCoVeralto” shall also be deemed to refer to the applicable member of the SpinCo Veralto Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Xxxxxxx or SpinCo Veralto shall be deemed to require the Company, SpinCo Xxxxxxx or ParentVeralto, as the case may be, to cause the applicable members of the Company Xxxxxxx Group or the SpinCo Veralto Group, respectively, to take, or refrain from taking, any such action. Unless otherwise expressly provided herein, whenever Xxxxxxx’x consent is required under this Agreement, such consent may be withheld, delayed or conditioned by Xxxxxxx in its sole and absolute discretion, and whenever any action hereunder is at Xxxxxxx’x discretion, such action shall be at Xxxxxxx’x sole and absolute discretion. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, ,” “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. .” Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, ,” “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyRemainCo” shall also be deemed to refer to the applicable member of the Company IP RemainCo Group, references to “SpinCo” shall also be deemed to refer to the applicable member of the Product SpinCo Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company RemainCo or SpinCo shall be deemed to require the Company, SpinCo RemainCo or ParentSpinCo, as the case may be, to cause the applicable members of the Company IP RemainCo Group or the Product SpinCo Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyDuPont” shall also be deemed to refer to the applicable member of the Company DuPont Group, references to “SpinCoChemours” shall also be deemed to refer to the applicable member of the SpinCo Chemours Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company DuPont or SpinCo Chemours shall be deemed to require the Company, SpinCo DuPont or ParentChemours, as the case may be, to cause the applicable members of the Company DuPont Group or the SpinCo Chemours Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Any action to be taken by the board of directors of a Party may be taken by a committee of the board of directors of such Party if properly delegated by the board of directors of a Party to such committee. Unless the context otherwise requires, : (a) the words “include”, ,” “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, ; (b) references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, ; (c) the words “hereof”, ,” “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words ; (d) the word “written requestor” when used in this Agreement shall include email. Reference in this Agreement have the inclusive meaning represented by the phrase “and/or”; (e) any reference to any agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time shall be to New York Citytime to the extent permitted by the provisions thereof and by this Agreement; (f) any reference to any Law (including statutes and ordinances) means such law (including all rules and regulations promulgated thereunder) as amended, New York modified, codified or reenacted, in whole or in part, and in effect at the time of determining compliance or applicability; (g) unless otherwise expressly provided herein. Unless the context requires otherwise, any references in this Agreement to the “CompanyNCR” shall also be deemed to refer to the applicable member of the Company NCR Group, references to “SpinCoATMCo” shall also be deemed to refer to the applicable member of the SpinCo ATMCo Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company NCR or SpinCo ATMCo shall be deemed to require the Company, SpinCo NCR or ParentATMCo, as the case may be, to cause the applicable members of the Company NCR Group or the SpinCo ATMCo Group, respectively, to take, or refrain from taking, any such action. In ; (h) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or thing extends, and such phrase shall not mean simply “if”; (i) all references to “$” or dollar amounts are to the lawful currency of the United States of America; (j) any capitalized terms used in any Schedule to this Agreement or to any Ancillary Agreement but not otherwise defined therein shall have the meaning as defined in this Agreement or the Ancillary Agreement to which such Schedule is attached, as applicable; (k) references in this Agreement to any time shall be to Atlanta, Georgia time unless otherwise expressly provided herein; (l) as described in Section 10.24, to the extent that the terms and conditions of any Schedule hereto conflicts with the express terms of the body of this Agreement or any Ancillary Agreement, the terms of such Schedule shall control; it being understood that the Parties intend to include in the Schedules hereto any exceptions to the general rules described in the body of this Agreement and to give full effect to such exceptions, with respect to the matters expressly set forth therein; and (m) with respect to Environmental Liabilities, (x) any Environmental Liabilities arising out of, relating to or resulting from any business actively operated as of the Distribution (excluding any operations solely related to remediation) shall only be considered “Shared Environmental Liabilities” hereunder with respect to any conduct or operation thereof prior to the Distribution, such that Environmental Liabilities shall be allocated between the Parties such that Liabilities for conduct or operations prior to the Distribution are Shared Environmental Liabilities and Liabilities related to conduct or operations following the Distribution (including releases of Hazardous Substances occurring following the Distribution) are either NCR Environmental Liabilities or ATMCo Environmental Liabilities based on the terms hereof and (y) in the event of any inconsistency Environmental Liability relates to conduct or conflict which may arise operations during periods prior to and after the Distribution, such Environmental Liability shall be allocated between the Parties consistent with clause (x) above notwithstanding the conduct or operations relates to both periods (i.e., Environmental Liabilities for periods prior to the Distribution are shared, once the Shared Environmental Matters Basket is exceeded in the application or interpretation of any of the definitions set forth in Section 1.1a calendar year, fifty percent (50%) by each Party for the purpose remainder of determining what is such calendar year and is not included in such definitions, any item explicitly included on a Schedule referred for periods following the Distribution borne one hundred percent (100%) by the Party responsible therefore pursuant to in any such definition shall take priority over any provision of the text thereofthis Agreement).

References; Interpretation. (1) References in this Agreement to any gender include references to all genders, and references to terms defined in the singular include references to shall have a comparable meaning when used in the plural and vice versa. . (2) Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. . (3) Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. , as the same may be amended as provided herein. (4) Unless the context otherwise requires, the words “hereof”, “hereby,” “herein” and “hereinhereunder” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. . (5) The term “extent” in the phrase “to the extent” when used in this Agreement refers to the degree to which a subject or other thing extends, and such phrase does not mean simply “if.” (6) When a reference is made to an agreement, instrument or other document, such reference shall include any exhibit, schedule or annex to such agreement, instrument or other document. (7) References to a document being in “agreed form” shall mean that it is in a form agreed by the Parties and signed for purpose of identification by or on behalf of the Parties, with such alterations as may be agreed between the Parties from time to time. (8) Unless the context otherwise requires, where either Party’s approval or consent is required hereunder, such Party’s approval or consent shall be a prior consent, shall be in writing (including email) and shall not be unreasonably denied, delayed or conditioned. (9) The word “will” when used in this Agreement shall be construed to have the same meaning as the word “shall”. (10) The words “written request” when used in this Agreement shall include email. . (11) Reference in this Agreement to any time shall be to New York City, New York Eastern time unless otherwise expressly provided herein. . (12) Unless the context requires otherwise, references in this Agreement to the “Companybluebird” shall also be deemed to refer to the applicable member of the Company bluebird Group, references to “SpinCo2seventy” shall also be deemed to refer to the applicable member of the SpinCo 2seventy Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company bluebird or SpinCo 2seventy shall be deemed to require the Company, SpinCo bluebird or Parent2seventy, as the case may be, to cause the applicable members of the Company bluebird Group or the SpinCo 2seventy Group, respectively, to take, or refrain from taking, any such action. In . (13) The word “or” shall not be exclusive. (14) References to any “statute” or “regulation” are to such statute or regulation as amended, modified, supplemented or replaced from time to time (and, in the event case of any inconsistency or conflict which may arise in the application or interpretation statute, include any rules and regulations promulgated under such statute) and to any “section of any of statute or regulation” include any successor to such section. References to any Governmental Entity include any successor to such Governmental Entity, and references to any Affiliate include any successor to such Affiliate. (15) Whenever the definitions set forth in Section 1.1, last day for the purpose exercise of determining what is and is not included in any right or the discharge of any duty under this Agreement falls on other than a Business Day, the Party having such definitionsright or duty shall have until the next Business Day to exercise such right or discharge such duty. (16) Unless otherwise indicated, any item explicitly included on the word “day” shall be interpreted as a Schedule referred to in any such definition shall take priority over any provision of the text thereofcalendar day.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyFortive” shall also be deemed to refer to the applicable member of the Company Fortive Group, references to “SpinCoVontier” shall also be deemed to refer to the applicable member of the SpinCo Vontier Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Fortive or SpinCo Vontier shall be deemed to require the Company, SpinCo Fortive or ParentVontier, as the case may be, to cause the applicable members of the Company Fortive Group or the SpinCo Vontier Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. (1) References in this Agreement to any gender include references to all genders, and references to terms defined in the singular include references to shall have a comparable meaning when used in the plural and vice versa. . (2) Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation.”. (3) Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. , as the same may be amended as provided herein. (4) Unless the context otherwise requires, the words “hereof”, “hereby,” “herein” and “hereinhereunder” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. . (5) The term “extent” in the phrase “to the extent” when used in this Agreement refers to the degree to which a subject or other thing extends, and such phrase does not mean simply “if.” (6) When a reference is made to an agreement, instrument or other document, such reference shall include any exhibit, schedule or annex to such agreement, instrument or other document. (7) References to a document being in “agreed form” shall mean that it is in a form agreed by the Parties and signed for purpose of identification by or on behalf of the Parties, with such alterations as may be agreed between the Parties from time to time. (8) Unless the context otherwise requires, where either Party’s approval or consent is required hereunder, such Party’s approval or consent shall be a prior consent, shall be in writing (including email) and shall not be unreasonably denied, delayed or conditioned. (9) The word “will” when used in this Agreement shall be construed to have the same meaning as the word “shall.” (10) The words “written request” when used in this Agreement shall include email. . (11) Reference in this Agreement to any time shall be to New York City, New York Eastern time unless otherwise expressly provided herein. . (12) Unless the context requires otherwise, references in this Agreement to the “CompanyAlkermes” shall also be deemed to refer to the applicable member of the Company Alkermes Group, references to “SpinCoMural” shall also be deemed to refer to the applicable member of the SpinCo Mural Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Alkermes or SpinCo Mural shall be deemed to require the Company, SpinCo Alkermes or ParentMural, as the case may be, to cause the applicable members of the Company Alkermes Group or the SpinCo Mural Group, respectively, to take, or refrain from taking, any such action. In . (13) The word “or” shall not be exclusive. (14) References to any “statute” or “regulation” are to such statute or regulation as amended, modified, supplemented or replaced from time to time (and, in the event case of any inconsistency or conflict which may arise in the application or interpretation statute, include any rules and regulations promulgated under such statute) and to any “section of any of statute or regulation” include any successor to such section. References to any Governmental Entity include any successor to such Governmental Entity, and references to any Affiliate include any successor to such Affiliate. (15) Whenever the definitions set forth in Section 1.1, last day for the purpose exercise of determining what is and is not included in any right or the discharge of any duty under this Agreement falls on other than a Business Day, the Party having such definitionsright or duty shall have until the next Business Day to exercise such right or discharge such duty. (16) Unless otherwise indicated, any item explicitly included on the word “day” shall be interpreted as a Schedule referred to in any such definition shall take priority over any provision of the text thereofcalendar day.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. .” Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyIllumina” shall also be deemed to refer to the applicable member member(s) of the Company Illumina Group, references to “SpinCoGRAIL” shall also be deemed to refer to the applicable member member(s) of the SpinCo GRAIL Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Illumina or SpinCo GRAIL shall be deemed to require the Company, SpinCo Illumina or ParentGRAIL, as the case may be, to cause the applicable members of the Company Illumina Group or the SpinCo GRAIL Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. References to the definitions contained in this Agreement are applicable to the other grammatical forms of such terms. Unless the context otherwise requires, the words “include”, ,” “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. .” Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits Sections and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, ,” “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyJSG” shall also be deemed to refer to the applicable member of the Company JS Global Group, references to “SpinCoSharkNinja” shall also be deemed to refer to the applicable member of the SpinCo SharkNinja Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company JSG or SpinCo SharkNinja shall be deemed to require the Company, SpinCo JSG or ParentSharkNinja, as the case may be, to cause the applicable members of the Company JS Global Group or the SpinCo SharkNinja Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. .” Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyNew Worthington” shall also be deemed to refer to the applicable member of the Company New Worthington Group, references to “SpinCoWorthington Steel” shall also be deemed to refer to the applicable member of the SpinCo Worthington Steel Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company New Worthington or SpinCo Worthington Steel shall be deemed to require the Company, SpinCo New Worthington or ParentWorthington Steel, as the case may be, to cause the applicable members of the Company New Worthington Group or the SpinCo Worthington Steel Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyInpixon” shall also be deemed to refer to the applicable member of the Company Inpixon Group, references to “SpinCoDesign Reactor” shall also be deemed to refer to the applicable member of the SpinCo CXApp Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Inpixon or SpinCo Design Reactor shall be deemed to require the Company, SpinCo Inpixon or ParentDesign Reactor, as the case may be, to cause the applicable members of the Company Inpixon Group or the SpinCo CXApp Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyXxxxxxx” shall also be deemed to refer to the applicable member of the Company Xxxxxxx Group, references to “SpinCoEnvista” shall also be deemed to refer to the applicable member of the SpinCo Envista Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Xxxxxxx or SpinCo Envista shall be deemed to require the Company, SpinCo Xxxxxxx or ParentEnvista, as the case may be, to cause the applicable members of the Company Xxxxxxx Group or the SpinCo Envista Group, respectively, to take, or refrain from taking, any such action. Unless otherwise expressly provided herein, whenever Xxxxxxx’x consent is required under this Agreement, such consent may be withheld, delayed or conditioned by Xxxxxxx in its sole and absolute discretion, and whenever any action hereunder is at Xxxxxxx’x discretion, such action shall be at Xxxxxxx’x sole and absolute discretion. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The word “or” shall have the inclusive meaning represented by the phrase “and/or.” Any reference to any agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof and by this Agreement. Any reference to any Law (including statutes and ordinances) means such law (including all rules and regulations promulgated thereunder) as amended, modified, codified or reenacted, in whole or in part, and in effect at the time of determining compliance or applicability. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyFortive” shall also be deemed to refer to the applicable member of the Company Fortive Group, references to “SpinCoVontier” shall also be deemed to refer to the applicable member of the SpinCo Vontier Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Fortive or SpinCo Vontier shall be deemed to require the Company, SpinCo Fortive or ParentVontier, as the case may be, to cause the applicable members of the Company Fortive Group or the SpinCo Vontier Group, respectively, to take, or refrain from taking, any such action. Unless otherwise expressly provided herein, whenever Fortive’s consent is required under this Agreement, such consent may be withheld, delayed or conditioned by Fortive in its sole and absolute discretion, and whenever any action hereunder is at Fortive’s discretion, such action shall be at Fortive’s sole and absolute discretion. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. References to the definitions contained in this Agreement are applicable to the other grammatical forms of such terms. Unless the context otherwise requires, the words “include”, ,” “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. .” Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits Sections and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, ,” “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyJS Global” shall also be deemed to refer to the applicable member of the Company JS Global Group, references to “SpinCoSharkNinja” shall also be deemed to refer to the applicable member of the SpinCo SharkNinja Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company JS Global or SpinCo SharkNinja shall be deemed to require the Company, SpinCo JS Global or ParentSharkNinja, as the case may be, to cause the applicable members of the Company JS Global Group or the SpinCo SharkNinja Group, respectively, to take, or refrain from taking, any such action. In References herein to “domain names”, “email”, “social media” or the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is like shall include all similar and is not included in such definitionssuccessor electronic addresses and media. Unless expressly stated otherwise herein, any item explicitly included on consent or approval right of a Schedule referred to Party hereunder may be granted, withheld or conditioned by such Party in any such definition shall take priority over any provision of the text thereofits sole and absolute discretion.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. References to the definitions contained in this Agreement are applicable to the other grammatical forms of such terms. Unless the context otherwise requires, the words “include”, ,” “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. .” Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits Sections and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, ,” “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyJSG” shall also be deemed to refer to the applicable member of the Company JS Global Group, references to “SpinCoSharkNinja” shall also be deemed to refer to the applicable member of the SpinCo SharkNinja Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company JSG or SpinCo SharkNinja shall be deemed to require the Company, SpinCo JSG or ParentSharkNinja, as the case may be, to cause the applicable members of the Company JS Global Group or the SpinCo SharkNinja Group, respectively, to take, or refrain from taking, any such action. In References herein to “domain names”, “email”, “social media” or the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is like shall include all similar and is not included in such definitionssuccessor electronic addresses and media. Unless expressly stated otherwise herein, any item explicitly included on consent or approval right of a Schedule referred to Party hereunder may be granted, withheld or conditioned by such Party in any such definition shall take priority over any provision of the text thereofits sole and absolute discretion.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyXxxxxxx” shall also be deemed to refer to the applicable member of the Company Xxxxxxx Group, references to “SpinCoEnvista” shall also be deemed to refer to the applicable member of the SpinCo Envista Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Xxxxxxx or SpinCo Envista shall be deemed to require the Company, SpinCo Xxxxxxx or ParentEnvista, as the case may be, to cause the applicable members of the Company Xxxxxxx Group or the SpinCo Envista Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. .” Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyEnovis” shall also be deemed to refer to the applicable member of the Company Enovis Group, references to “SpinCoESAB” shall also be deemed to refer to the applicable member of the SpinCo ESAB Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Enovis or SpinCo ESAB shall be deemed to require the Company, SpinCo Enovis or ParentESAB, as the case may be, to cause the applicable members of the Company Enovis Group or the SpinCo ESAB Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York Eastern time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyRecro” shall also be deemed to refer to the applicable member of the Company Recro Group, references to “SpinCoBaudax” shall also be deemed to refer to the applicable member of the SpinCo Baudax Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Recro or SpinCo Baudax shall be deemed to require the Company, SpinCo Recro or ParentBaudax, as the case may be, to cause the applicable members of the Company Recro Group or the SpinCo Baudax Group, respectively, to take, or refrain from taking, any such action. In The word “or” shall not be exclusive. References to any “statute” or “regulation” are to such statute or regulation as amended, modified, supplemented or replaced from time to time (and, in the event case of any inconsistency statute, include any rules and regulations promulgated under such statute) and to any “section of any statute or conflict which may arise regulation” include any successor to such section. References to any Governmental Entity include any successor to such Governmental Entity, and references to any Affiliate include any successor to such Affiliate. Whenever the last day for the exercise of any right or the discharge of any duty under this Agreement falls on other than a Business Day, the Party having such right or duty shall have until the next Business Day to exercise such right or discharge such duty. Unless otherwise indicated, the word “day” shall be interpreted as a calendar day. The Parties have participated jointly in the application negotiation and drafting of this Agreement. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation of against the Party drafting or causing any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred instrument to in any such definition shall take priority over any provision of the text thereofbe drafted.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall 27 include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyDuPont” shall also be deemed to refer to the applicable member of the Company DuPont Group, references to “SpinCoChemours” shall also be deemed to refer to the applicable member of the SpinCo Chemours Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company DuPont or SpinCo Chemours shall be deemed to require the Company, SpinCo DuPont or ParentChemours, as the case may be, to cause the applicable members of the Company DuPont Group or the SpinCo Chemours Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. References to the definitions contained in this Agreement are applicable to the other grammatical forms of such terms. Unless the context otherwise requires, the words “include”, ,” “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. .” Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, ,” “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyJS Global” shall also be deemed to refer to the applicable member of the Company JS Global Group, references to “SpinCoSharkNinja” and “SharkNinja TopCo” (as applicable) shall also be deemed to refer to the applicable member of the SpinCo SharkNinja Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company JS Global or SpinCo SharkNinja or SharkNinja TopCo (as applicable) shall be deemed to require the Company, SpinCo JS Global or ParentSharkNinja or SharkNinja TopCo (as applicable), as the case may be, to cause the applicable members of the Company JS Global Group or the SpinCo Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.or

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyFortive” shall also be deemed to refer to the applicable member of the Company Fortive Group, references to “SpinCoVontier” shall also be deemed to refer to the applicable member of the SpinCo Vontier Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Fortive or SpinCo Vontier shall be deemed to require the Company, SpinCo Fortive or ParentVontier, as the case may be, to cause the applicable members of the Company Fortive Group or the SpinCo Vontier Group, respectively, to take, or refrain from taking, any such action. Unless otherwise expressly provided herein, whenever Fortive’s consent is required under this Agreement, such consent may be withheld, delayed or conditioned by Fortive in its sole and absolute discretion, and whenever any action hereunder is at Fortive’s discretion, such action shall be at Fortive’s sole and absolute discretion. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyFlex” shall also be deemed to refer to the applicable member of the Company Flex Group, references to “SpinCoNextracker OpCo” shall also be deemed to refer to the applicable member of the SpinCo Nextracker Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Flex or SpinCo Nextracker OpCo shall be deemed to require the Company, SpinCo Flex or ParentNextracker OpCo, as the case may be, to cause the applicable members of the Company Flex Group or the SpinCo Nextracker Group, respectively, to take, or refrain from taking, any such action. References to any statute shall be deemed to refer to such statute as amended from time to time and to any rules or regulations promulgated thereunder. Unless otherwise expressly provided herein, whenever a Party’s consent is required under this Agreement, such consent may be withheld, delayed or conditioned by such Party in its sole and absolute discretion, and whenever any action hereunder is at a Party’s discretion, such action shall be at such Party’s sole and absolute discretion. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “Company” shall also be deemed to refer to the applicable member of the Company Group, references to “SpinCo” shall also be deemed to refer to the applicable member of the SpinCo Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company or SpinCo shall be deemed to require the Company, SpinCo Company or ParentSpinCo, as the case may be, to cause the applicable members of the Company Group or the SpinCo Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Disclosure Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Disclosure Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York Eastern time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the The word “Companyor” shall also not be deemed exclusive. References to refer any “statute” or “regulation” are to the applicable member of the Company Groupsuch statute or regulation as amended, references modified, supplemented or replaced from time to “SpinCo” shall also be deemed to refer to the applicable member of the SpinCo Group time (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewiththe case of any statute, include any rules and regulations promulgated under such statute) and to any “section of any statute or regulation” include any successor to such section. References to any Governmental Entity include any successor to such Governmental Entity, and references to actions any Affiliate include any successor to such Affiliate. Whenever the last day for the exercise of any right or omissions the discharge of any duty under this Agreement falls on a day other than a Business Day, the Party having such right or duty shall have until the next Business Day to be takenexercise such right or discharge such duty. Unless otherwise indicated, or refrained from being taken, as the case may be, by the Company or SpinCo word “day” shall be deemed to require the Company, SpinCo or Parent, interpreted as the case may be, to cause the applicable members of the Company Group or the SpinCo Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereofcalendar day.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include”, “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyFlex” shall also be deemed to refer to the applicable member of the Company Flex Group, references to “SpinCoNextracker” shall also be deemed to refer to the applicable member of the SpinCo Nextracker Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company Flex or SpinCo Nextracker shall be deemed to require the Company, SpinCo Flex or ParentNextracker, as the case may be, to cause the applicable members of the Company Flex Group or the SpinCo Nextracker Group, respectively, to take, or refrain from taking, any such action. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.

References; Interpretation. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. References to the definitions contained in this Agreement are applicable to the other grammatical forms of such terms. Unless the context otherwise requires, the words “include”, ,” “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”. .” Unless the context otherwise requires, references in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement. Unless the context otherwise requires, the words “hereof”, ,” “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement. The words “written request” when used in this Agreement shall include email. Reference in this Agreement to any time shall be to New York City, New York time unless otherwise expressly provided herein. Unless the context requires otherwise, references in this Agreement to the “CompanyJS Global” shall also be deemed to refer to the applicable member of the Company JS Global Group, references to “SpinCoSharkNinja” and “SharkNinja TopCo” (as applicable) shall also be deemed to refer to the applicable member of the SpinCo SharkNinja Group (including, with respect to periods of time following the Effective Time, Parent), and, in connection therewith, any references to actions or omissions to be taken, or refrained from being taken, as the case may be, by the Company JS Global or SpinCo SharkNinja or SharkNinja TopCo (as applicable) shall be deemed to require the Company, SpinCo JS Global or ParentSharkNinja or SharkNinja TopCo (as applicable), as the case may be, to cause the applicable members of the Company JS Global Group or the SpinCo SharkNinja Group, respectively, to take, or refrain from taking, any such action. Unless otherwise expressly provided herein, whenever JS Global’s consent is required under this Agreement, such consent may be withheld, delayed or conditioned by JS Global in its sole and absolute discretion, and whenever any action hereunder is at JS Global’s discretion, such action shall be at JS Global’s sole and absolute discretion. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the definitions set forth in Section 1.1, for the purpose of determining what is and is not included in such definitions, any item explicitly included on a Schedule referred to in any such definition shall take priority over any provision of the text thereof.