Common use of Incorrectly Transferred Assets Clause in Contracts

Incorrectly Transferred Assets. Subject to Clause 7 (Brazil), Clause 8 (Transferring Contracts), Clause 9 (Matters Governed Exclusively by Ancillary Agreements) and Clause 17 (Access to Information; Books and Records), Schedule 2 (Transferring Contracts) and Schedule 3 (Brazil), and except as otherwise expressly provided for in this Agreement or any Ancillary Agreement, if, following the Separation Date: (a) any property, right or asset not forming part of the Alcon Business (other than any property, right or asset expressly included in the sale under this Agreement or any Ancillary Agreement) is found to have and should not have been transferred to Alcon or another member of the Alcon Group pursuant to this Agreement or any Ancillary Agreement, Alcon shall transfer (or procure the transfer of) such property, right or asset as soon as practicable to the transferor or another member of the Novartis Group nominated by Novartis reasonably acceptable to Alcon at no cost to the Novartis Group; or (b) any property, right or asset not forming part of the Novartis Business (other than any property, right or asset expressly included in the sale under this Agreement or any Ancillary Agreement) is found to have and should not have been transferred to Novartis or another member of the Novartis Group pursuant to this Agreement or any Ancillary Agreement, Novartis shall transfer (or procure the transfer of) such property, right or asset as soon as practicable to the transferor or another member of the Alcon Group nominated by Alcon reasonably acceptable to Novartis at no cost to the Alcon Group.