definiens: mean the Contracts listed on Schedule 5 II, bUI only to the C : X1~'n l noled on Schodulc 5.8 ti & ., . us to certain lisled Contracts . I10 t all rights and obligations are being assigrn, d as more fully notct ! on Schedule 5.8 ) ; provided . however, thaI notWithstanding any proVIsion hl - n : in to the contrary . where Ihe ~ nt of any other Person is n~"CCSsary ( as Identified on Schedule 5.8 ) in order for any interest of Seller or any of Seller 's Affiliates in any such fIOO1115(lMO ContlllCt to be assignailO Buyer, such Contract shall Jl ( ) ( be deemed to be an Assigned ContlllCt unl~ wtd until eith~'r ( i ) such consent is obtained or ( ii ) Buyer and Seller separately agree < i&u outside of this Agreement wtd the ammgem<-'Tlts contemplated ht'rl . 'by, including the ContlllCt Assignment and Assumption Agreemen t ) 10 include such Contracl as an Assigned Contract