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

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

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

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

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

Policies and Rights Included Within Assets. (i) The Fountain Assets assets of the Parent Group shall include (iA) the Parent Policies, and (B) any and all rights of the Parent or a Parent Subsidiary as an insured Party party under each of the Fountain Shared PoliciesCommon Policies which is also a New ▇▇▇▇▇▇▇▇ Policy, subject to the terms of such Fountain Shared Common Policies and any limitations or obligations of Fountain Parent contemplated by this Article XSection 3.06, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all actual or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses which occurred ("Insurable Claims") incurred or are alleged claimed to have occurred, in whole been incurred on or in part, prior to the Fountain Distribution Date by either Party any party in or in connection with the conduct of the Fountain Business, regardless businesses of whether any suit, claim, action or proceeding is brought before or after the Fountain Distribution Date Parent Group or, to the extent any claim is made against Fountain Parent or any of its Subsidiaries or the Parent Subsidiaries, the conduct of the Trident Retained Businessbusinesses of the New ▇▇▇▇▇▇▇▇ Group, and which actual or alleged wrongful acts, occurrences, events, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses Insurable Claims may arise out of an insured or insurable occurrence or wrongful act under one or more of such Fountain Shared Common Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Fountain Shared Common Policies, or any of them, to FountainParent or any Parent Subsidiary. (ii) The assets of the New ▇▇▇▇▇▇▇▇ Group shall include (A) the New ▇▇▇▇▇▇▇▇ Policies, and (iiB) any and all rights of New ▇▇▇▇▇▇▇▇ or a New ▇▇▇▇▇▇▇▇ Subsidiary as an insured party under each of the Fountain Common Policies which is also a Parent Policy, subject to the terms of such Common Policies and any limitations or obligations of New ▇▇▇▇▇▇▇▇ contemplated by this Section 3.06, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all Insurable Claims incurred or claimed to have been incurred on or prior to the Distribution Date by any party in or in connection with the conduct of the businesses of the New ▇▇▇▇▇▇▇▇ Group or, to the extent any claim is made against New ▇▇▇▇▇▇▇▇ or any of the New ▇▇▇▇▇▇▇▇ Subsidiaries, the conduct of the businesses of the Parent Group, and which Insurable Claims may arise out of an insured occurrence under one or more of such Common Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Common Policies, or any of them, to New ▇▇▇▇▇▇▇▇ or any New ▇▇▇▇▇▇▇▇ Subsidiary.