This excerpt taken from the MRVL 10-Q filed Sep 8, 2005.
Excluded Liabilities. All Liabilities of Seller or any of its Affiliates of or relating to the Business or otherwise (other than the Assumed Liabilities) shall be retained by and shall be the responsibility of Seller (or the applicable Affiliate(s) of Seller). The Excluded Liabilities shall include, but are not limited to, the following:
(a) any Liability, except as expressly set forth in Section 1.3, arising out of the ownership of the Assets and/or the conduct of the Business prior to the Closing;
(b) any Liability to the extent arising out of the operation or conduct by Seller or any Affiliate of Seller of any business other than the Business;
(c) any Liability (A) arising out of any actual or alleged breach of, or nonperformance under, any contract of Seller prior to the Closing, or (B) arising on any contract of Seller either required to be listed under any Section of the Seller Disclosure Letter hereto and not so listed or entered into in violation or breach of this Agreement;
(d) any Liability of Seller or any Affiliate of Seller arising out of (A) any third-party charge, complaint, suit, action (including regulatory action), hearing, investigation, claim, demand, proceeding (including under any alternative dispute resolution procedure) or other litigation (