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200005855 <br />favor of the IHS Debtors to the extent expressly provided in the Management and Servicing <br />Agreement. <br />8. To the greatest extent allowed by applicable law, except for Permitted <br />Encumbrances and Assumed Contract Obligations: (a) the SNH Entities are not assuming nor <br />shall they in any way whatsoever be liable or responsible, under any theory of law or equity, as <br />successor or otherwise, for any liabilities, debts or obligations of the IHS Debtors or any <br />liabilities, debts or obligations in any way whatsoever relating to or arising from the IRS <br />Debtors' operations or use of the Transferred Assets or from the Transferred Assets prior to the <br />consummation of the transactions contemplated by the Settlement Agreement; and (b) except <br />as expressly provided in the Management and Servicing Agreement, the consummation of the <br />Asset Transfers shall not subject the SNH Entities to any Claims against, or liabilities or <br />obligations of, the IHS Debtors arising as of the date of this Order or hereafter by reason of <br />such Asset Transfers, under the laws of the United States, any state, territory or possession <br />thereof or the District of Columbia, applicable to such Asset Transfers. <br />9. Except for Permitted Encumbrances and Assumed Contract Obligations, <br />no person or governmental unit, including, without limitation, any federal, state or local <br />governmental agency, department or instrumentality, shall assert by suit or otherwise against <br />the SNH Entities or their successors in interest any Claim that they had, have or may have <br />against the IHS Debtors, or any liability, debt or obligation relating to the IHS Debtors' <br />operations or use of the Transferred Assets or from the Transferred Assets prior to the Closing, <br />-12- <br />632699 1, 07/06/00 <br />