definiens: ( as such term is defined in a contract with any suchBusiness Employee or in the Company ’s personnel policies or practices);(i ) not effectuate a or other similar triggering event as those terms are defined inthe Worker Adjustment and Retraining Notification Act ( ) or any other applicable analogous Law, affecting in wholeor in part the Identified Employees;(ii ) not institute, settle or agree to settle any Proceeding by or before any Governmental Authority that creates orimposes any continuing obligation or restriction on the Transferred Assets or would otherwise constitute an Assumed Liability;(iii ) not receive a license of the kind required to be disclosed on Schedule 4.1(q)(iv ) and not sell, license orsublicense or otherwise transfer any rights to any third party under any Business Intellectual Property;(iv ) not surrender, revoke or otherwise terminate any Licenses or Permits, except in connection with any renewalor reissuance of any such License or Permit;(v ) not waive, release or assign any material rights, which rights, but for such waiver, release or assignment, would have been classified as a Transferred Asset, other than in the ordinary course of business consistent with past practice ; 37 * * * Text Omitted and Filed Separately with the Securities and ExchangeCommission . Confidential Treatment Requested Under17 C.F.R. Sections 200.80(b)(4 ) and 240.24b-2(vi ) preserve materially intact the goodwill of the Business;(vii ) maintain the Transferred Assets in reasonably good condition and repair in all material respects andmaintain Inventory and supplies at customary operating levels in the ordinary course of business;(viii ) maintain insurance reasonably comparable to that in effect on the date hereof and, in the event of acasualty, loss or damage to any Transferred Asset prior to the Closing Date for which the Company is insured, either repair orreplace such Transferred Asset or, if the Buyer agrees, transfer the proceeds of such insurance to the Buyer at the Closing;(ix ) maintain the books, accounts and records relating to, used in or necessary for the operation of the Businessin accordance with past custom and practice and in accordance with GAAP, as applicable;(x ) maintain in full force and effect all material Business Intellectual Property;(xi ) not take or omit to take any action that would reasonably be anticipated to have a Material Adverse Effect;and(xii ) not authorize any of, or commit or agree, whether in writing or otherwise, to take any of, the foregoingactions