Common use of Commingled Contracts Clause in Contracts

Commingled Contracts. Following the execution of this Agreement, each of FCB and BP shall, and shall cause each of its Subsidiaries to, use its reasonable best efforts to, in consultation with Mountain, to (a) cause the counterparties to the Commingled Contracts of FCB, BP or any of their respective Subsidiaries to enter into new Contracts with TopCo or any of its Subsidiaries in order for TopCo or such Subsidiary to receive the benefits of such Commingled Contract, (b) and if the foregoing clause (a) is not possible, assign to TopCo or any of its Subsidiaries the benefits and obligations under such Commingled Contract as they relate to the Business or (c) and if the foregoing clauses (a) and (b) are not possible, maintain an alternative arrangement with respect to such Commingled Contract in compliance with applicable Law, so that TopCo or its Subsidiaries would obtain the benefits and bear the burdens associated with the applicable Commingled Contract, to the extent the Commingled Contract relates to the Business.