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.