Common use of Post-Distribution Services Clause in Contracts

Post-Distribution Services. The Parties recognize that legal and other professional services will be provided following the Effective Time that will be rendered solely for the benefit of NXRT and its Affiliates or NHF and its Affiliates, as the case may be. With respect to such post-Distribution services, the Parties agree as follows: (i) NHF shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the NHF Assets, whether or not the privileged information is in the possession of or under the control of NHF or NXRT. NHF shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting NHF Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the NHF Group, whether or not the privileged information is in the possession of or under the control of NHF or NXRT; and (ii) The NXRT Group shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the NXRT Assets, whether or not the privileged information is in the possession of or under the control of NHF or NXRT. The NXRT Group shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting NXRT Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the NXRT Group, whether or not the privileged information is in the possession of or under the control of NHF or NXRT.

Post-Distribution Services. The Parties recognize that legal and other professional services will be provided following the Effective Time that will be rendered solely for the benefit of NXRT CareTrust and its Affiliates or NHF Ensign and its Affiliates, as the case may be. With respect to such post-Distribution services, the Parties agree as follows: (i) NHF Ensign shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the NHF AssetsEnsign Business, whether or not the privileged information is in the possession of or under the control of NHF Ensign or NXRTCareTrust. NHF Ensign shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting NHF Ensign Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the NHF Ensign Group, whether or not the privileged information is in the possession of or under the control of NHF Ensign or NXRTCareTrust; and (ii) The NXRT Group CareTrust shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the NXRT AssetsCareTrust Business, whether or not the privileged information is in the possession of or under the control of NHF Ensign or NXRTCareTrust. The NXRT Group CareTrust shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting NXRT CareTrust Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the NXRT CareTrust Group, whether or not the privileged information is in the possession of or under the control of NHF Ensign or NXRTCareTrust.

Post-Distribution Services. The Parties recognize that legal and other professional services will be provided following the Effective Time that will be rendered solely for the benefit of NXRT QCP and its Affiliates Affiliates, or NHF HCP and its Affiliates, as the case may be. With respect to such post-Distribution services, the Parties agree as follows: (i) NHF HCP shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the NHF AssetsHCP Business, whether or not the privileged information is in the possession of or under the control of NHF HCP or NXRTQCP. NHF HCP shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting NHF HCP Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the NHF HCP Group, whether or not the privileged information is in the possession of or under the control of NHF HCP or NXRTQCP; and (ii) The NXRT Group QCP shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the NXRT AssetsQCP Business, whether or not the privileged information is in the possession of or under the control of NHF HCP or NXRTQCP. The NXRT Group QCP shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting NXRT QCP Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the NXRT QCP Group, whether or not the privileged information is in the possession of or under the control of NHF HCP or NXRTQCP.

Post-Distribution Services. The Parties recognize that legal and other professional services will be provided following the Effective Time that will be rendered solely for the benefit of NXRT Xenia and its Affiliates or NHF Inland American and its Affiliates, as the case may be. With respect to such post-Distribution services, the Parties agree as follows: (i) NHF Inland American shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the NHF AssetsInland American Business, whether or not the privileged information is in the possession of or under the control of NHF Inland American or NXRTXenia. NHF Inland American shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting NHF Inland American Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the NHF Inland American Group, whether or not the privileged information is in the possession of or under the control of NHF Inland American or NXRTXenia; and (ii) The NXRT Group Xenia shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the NXRT AssetsXenia Business, whether or not the privileged information is in the possession of or under the control of NHF Inland American or NXRTXenia. The NXRT Group Xenia shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting NXRT Xenia Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the NXRT Xenia Group, whether or not the privileged information is in the possession of or under the control of NHF Inland American or NXRTXenia.

Post-Distribution Services. The Parties recognize that legal and other professional services will be provided following the Effective Time that will be rendered solely for the benefit of NXRT SMTA and its Affiliates or NHF SRC and its Affiliates, as the case may be. With respect to such post-Distribution services, the Parties agree as follows: (i) NHF SRC shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the NHF SRC Assets, whether or not the privileged information is in the possession of or under the control of NHF SRC or NXRTSMTA. NHF SRC shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting NHF SRC Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the NHF SRC Group, whether or not the privileged information is in the possession of or under the control of NHF SRC or NXRTSMTA; and (ii) The NXRT Group SMTA shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the NXRT SMTA Assets, whether or not the privileged information is in the possession of or under the control of NHF SRC or NXRTSMTA. The NXRT Group SMTA shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting NXRT SMTA Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the NXRT SMTA Group, whether or not the privileged information is in the possession of or under the control of NHF SRC or NXRTSMTA.