Common use of Treatment of Shared Contracts Clause in Contracts

Treatment of Shared Contracts. Subject to applicable Law and except as otherwise provided in any Ancillary Agreement, and without limiting the generality of the obligations set forth in Section 2.1 and Section 2.2, unless the Parties otherwise agree or the benefits of any Contract described in this Section 2.5 are expressly conveyed to the applicable Party pursuant to this Agreement or an Ancillary Agreement, any Contract entered into by a member of the InvenTrust Group with a third party that is not a Highlands Asset, but pursuant to which a member of the Highlands Group or the Highlands Assets, as of the Effective Time, have been provided certain revenues or other benefits (any such contract or agreement, a “Shared Contract”) shall not be assigned in relevant part to the applicable member(s) of the Highlands Group or amended to give the relevant member(s) of the Highlands Group any entitlement to such rights and benefits thereunder; provided, however, that the Parties shall, and shall cause each of the members of their respective Groups to, take such other reasonable and permissible actions to cause (i) the relevant member of the Highlands Group to receive the rights and benefits previously provided in the ordinary course of business, consistent with past practice, to the Highlands Assets pursuant to such Shared Contract and (ii) the relevant member of the Highlands Group to bear the burden of the corresponding Liabilities under such Shared Contract. Notwithstanding the foregoing, no member of the InvenTrust Group shall be required by this Section 2.5 to maintain in effect any Shared Contract, and no member of the Highlands Group shall have any approval or other rights with respect to any amendment, termination or other modification of any Shared Contract.

Treatment of Shared Contracts. (a) Subject to applicable Law and except as otherwise provided in any Ancillary Agreement, and without limiting the generality of the obligations set forth in Section 2.1 and Section 2.2, unless the Parties otherwise agree or the benefits of any Contract described in this Section 2.5 2.7 are expressly conveyed to the applicable Party pursuant to this Agreement or an Ancillary Agreement, any Contract entered into by a member of the InvenTrust Inland American Group with a third party that is not a Highlands Xenia Asset, but pursuant to which a member of the Highlands Xenia Group or the Highlands Xenia Assets, as of the Effective Time, have been provided certain revenues or other benefits (any such contract or agreement, a “Shared Contract”) shall not be assigned in relevant part to the applicable member(s) of the Highlands Xenia Group or amended to give the relevant member(s) of the Highlands Xenia Group any entitlement to such rights and benefits thereunder; provided, however, that the Parties shall, and shall cause each of the members of their respective Groups to, take such other reasonable and permissible actions to cause (i) the relevant member of the Highlands Xenia Group to receive the rights and benefits previously provided in the ordinary course of business, consistent with past practice, to the Highlands Xenia Assets pursuant to such Shared Contract and (ii) the relevant member of the Highlands Xenia Group to bear the burden of the corresponding Liabilities under such Shared Contract. Notwithstanding the foregoing, no member of the InvenTrust Inland American Group shall be required by this Section 2.5 2.7 to maintain in effect any Shared Contract, and no member of the Highlands Xenia Group shall have any approval or other rights with respect to any amendment, termination or other modification of any Shared Contract.