Common use of The Liabilities Clause in Contracts

The Liabilities. 5.1 Subject to the consent where necessary of other contracting parties (which the Parties hereto shall use their reasonable best efforts to obtain) SAVVIS shall as from the Effective Date assume, perform and discharge all Liabilities. If it proves impossible to obtain any such consent in relation to any of the Liabilities, SAVVIS will assume, perform and discharge such Liability as agent for and on behalf of Seller and will indemnify Seller accordingly. Seller will indemnify SAVVIS for contractual liabilities for goods or services delivered prior to the Effective Date. 5.2 For purposes of effecting the transfer by Seller to SAVVIS of certain contractual obligations and the assumption of such obligations by SAVVIS, the parties have executed as of even date herewith an Assignment and Assumption Agreement substantially in the form of Exhibit A to this Agreement.

The Liabilities. 5.1 Subject to the consent where necessary of other contracting parties (which the Parties hereto shall use their reasonable best efforts to obtain) SAVVIS shall as from the Effective Date assume, perform and discharge all Liabilities. If it proves impossible to obtain any such consent in relation to any of the Liabilities, SAVVIS will assume, perform and discharge such Liability as agent for and on behalf of Seller and will indemnify Seller accordingly. Seller will indemnify SAVVIS for contractual liabilities for goods or services delivered prior to the Effective Date. 5.2 For purposes of effecting the transfer by Seller to SAVVIS of certain contractual obligations and the assumption of such obligations by SAVVIS, the parties have executed as of even date herewith an Assignment and Assumption Agreement substantially in the form of Exhibit EXHIBIT A to this Agreement.