Common use of Treatment of Shared Contracts Clause in Contracts

Treatment of Shared Contracts. (a) Subject to applicable Law and without limiting the generality of the obligations set forth in Section 2.1, unless the Parties otherwise agree or the benefits of any contract, agreement, arrangement, commitment or understanding described in this Section 2.8 are expressly conveyed to the applicable Party pursuant to this Agreement or an Ancillary Agreement, any contract or agreement entered into by a member of the SPG Group with a Third Party that is not a WPG Contract, but pursuant to which the WPG Business, as of the Effective Date, has been provided certain revenues or other benefits in respect of the WPG Properties (any such contract or agreement, a “Shared Contract”) shall not be assigned in relevant part to the applicable member(s) of the WPG Group or amended to give the relevant member(s) of the WPG 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 WPG Group to receive the rights and benefits previously provided in the ordinary course of business, consistent with past practice, to the WPG Business pursuant to such Shared Contract and (ii) the relevant member of the WPG Group to bear the burden of the corresponding Liabilities under such Shared Contract. Notwithstanding the foregoing, no member of the SPG Group shall be required by this Section 2.8 to maintain in effect any Shared Contract, and no member of the WPG 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 2.12.1 and Section 2.2, unless the Parties otherwise agree or the benefits of any contract, agreement, arrangement, commitment or understanding Contract described in this Section 2.8 2.7 are expressly conveyed to the applicable Party pursuant to this Agreement or an Ancillary Agreement, any contract or agreement Contract entered into by a member of the SPG Inland American Group with a Third Party third party that is not a WPG ContractXenia Asset, but pursuant to which a member of the WPG BusinessXenia Group or the Xenia Assets, as of the Effective DateTime, has have been provided certain revenues or other benefits in respect of the WPG Properties (any such contract or agreement, a “Shared Contract”) shall not be assigned in relevant part to the applicable member(s) of the WPG Xenia Group or amended to give the relevant member(s) of the WPG 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 WPG Xenia Group to receive the rights and benefits previously provided in the ordinary course of business, consistent with past practice, to the WPG Business Xenia Assets pursuant to such Shared Contract and (ii) the relevant member of the WPG Xenia Group to bear the burden of the corresponding Liabilities under such Shared Contract. Notwithstanding the foregoing, no member of the SPG Inland American Group shall be required by this Section 2.8 2.7 to maintain in effect any Shared Contract, and no member of the WPG Xenia 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 without limiting the generality of the obligations set forth in Section 2.1, unless the Parties otherwise agree or the benefits of any contract, agreement, arrangement, commitment or understanding described in this Section 2.8 are expressly conveyed to the applicable Party pursuant to this Agreement or an Ancillary Agreement, any contract or agreement entered into by a member of the SPG Vornado Group with a Third Party that is not a WPG UE Contract, but pursuant to which the WPG UE Business, as of the Effective Date, has been provided certain revenues or other benefits in respect of the WPG UE Properties (any such contract or agreement, a “Shared Contract”) shall not be assigned in relevant part to the applicable member(s) of the WPG UE Group or amended to give the relevant member(s) of the WPG UE 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 WPG UE Group to receive the rights and benefits previously provided in the ordinary course of business, consistent with past practice, to the WPG UE Business pursuant to such Shared Contract and (ii) the relevant member of the WPG UE Group to bear the burden of the corresponding Liabilities under such Shared Contract. Notwithstanding the foregoing, no member of the SPG Vornado Group shall be required by this Section 2.8 to maintain in effect any Shared Contract, and no member of the WPG UE Group shall have any approval or other rights with respect to any amendment, termination or other modification of any Shared Contract.