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

Policies and Rights Included Within the CPEX Assets. Without limiting the generality of the definition of the CPEX Assets, the CPEX Assets shall include (a) any and all rights of an insured Party under each of the Shared Policies, including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all injuries, losses, Liabilities, damages and expenses incurred or claimed to have been incurred on or prior to the Distribution Date by any Party in connection with the CPEX Business (provided Bentley shall have equal rights with respect to indemnity and the right to be defended to the extent practical and appropriate) or, to the extent any claim is made against the Parties or their respective Affiliates, and which injuries, losses, liabilities, damages and expenses may arise out of insured or insurable occurrences or events under one or more of the Shared Policies; provided, however, that nothing in this Section 4.1 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to CPEX; and (b) the CPEX Policies.