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

Policies and Rights Included Within Assets. The SpinCo Assets shall include (i) any and all rights of an insured party under each of the Shared Policies, subject to the terms of such Shared Policies and any limitations or obligations of SpinCo 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 alleged wrongful acts, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses incurred or claimed to have been incurred prior to the Distribution Date by any Party in or in connection with the conduct of the SpinCo Business or, to the extent any claim is made against SpinCo or any of its Subsidiaries, the conduct of the RemainCo Business, and which alleged wrongful acts, 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 Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Shared Policies, or any of them, to SpinCo, and (ii) the SpinCo Policies.

Policies and Rights Included Within Assets. (a) The SpinCo Cognizant Assets shall include (i) any and all rights of an insured party under each of the Cognizant Shared Policies, subject to the terms of such Cognizant Shared Policies and any limitations or obligations of SpinCo Cognizant contemplated by this Article XVII, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all alleged wrongful acts, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses incurred or claimed to have been incurred prior to the Distribution Date by 44 44 any Party party in or in connection with the conduct of the SpinCo Cognizant Business or, to the extent any claim is made against SpinCo Cognizant or any of its Subsidiaries, the conduct of the RemainCo D&B Business or the ACNielsen Business, and which alleged wrongful acts, 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 Cognizant Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Cognizant Shared Policies, or any of them, to SpinCoCognizant, and (ii) the SpinCo Cognizant Policies.

Policies and Rights Included Within Assets. The SpinCo Gas Assets and Power Assets shall include (i) any and all rights of an insured party Party under each of the Shared Policies, subject to the terms of such Shared Policies and any limitations or obligations of SpinCo GasCo and Duke Energy contemplated by and subject to the provisions of this Article 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 alleged wrongful acts, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses incurred or claimed to have been incurred prior to the Distribution Date by any Party in or in connection with the conduct of the SpinCo Gas Business or, to the extent any claim is made against SpinCo GasCo or any of its Subsidiaries, the conduct of the RemainCo Power Business, and which alleged wrongful acts, 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 Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Shared Policies, or any of them, to SpinCoGasCo, and (ii) the SpinCo Gas Policies.

Policies and Rights Included Within Assets. (a) The SpinCo Cognizant Assets shall include (i) any and all rights of an insured party under each of the Cognizant Shared Policies, subject to the terms of such Cognizant Shared Policies and any limitations or obligations of SpinCo Cognizant contemplated by this Article XVII, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer, with respect to all alleged wrongful acts, claims, suits, actions, proceedings, injuries, losses, liabilities, damages and expenses incurred or claimed to have been incurred prior to the Distribution Date by any Party party in or in connection with the conduct of the SpinCo Cognizant Business or, to the extent any claim is made against SpinCo Cognizant or any of its Subsidiaries, the conduct of the RemainCo D&B Business or the ACNielsen Business, and which alleged wrongful acts, 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 Cognizant Shared Policies; provided, however, that nothing in this clause shall be deemed to constitute (or to reflect) an assignment of such Cognizant Shared Policies, or any of them, to SpinCoCognizant, and (ii) the SpinCo Policies.)