Common use of Data Processing Hardware and Software Clause in Contracts

Data Processing Hardware and Software. All leases and licenses exclusively relating to the licensed data processing software and leased data processing hardware used primarily in the operation of the Business and located at the Facilities. All of the foregoing are referred to herein collectively as the “Purchased Contracts.” Anything in this Agreement to the contrary notwithstanding, except as expressly provided in Section 2.3 below, this Agreement shall not constitute an agreement to assign any Contract or any claim or right or any benefit or resulting therefrom if an assignment thereof, without the Consent of a Third Party, would constitute a breach or violation thereof and if consent to such assignment is not obtained on or prior to the Closing Date. Unless expressly provided for in this Section 2.2, Buyer shall not assume and Seller shall not assign any other Contracts to Buyer.