Administration and Reserves. 32 Section 8.04. Agreement for Waiver of Conflict and Shared Defense.................................34
Administration and Reserves. Consistent with the provisions of Article III, from and after the Spin-Off Date:
(a) Forest shall be responsible for (i) Insurance Administration of the Insurance Policies with respect to any liabilities of any member of the Forest Group, any assets of the Forest Group or any claims as to which the Forest Group has retained rights of reimbursement or subrogation pursuant to this Agreement or any Separation Agreement; and (ii) Claims Administration with respect to any liabilities of any member of the Forest Group, any assets of the Forest Group, or any claims as to which the Forest Group has retained rights of reimbursement or subrogation pursuant to this Agreement or any Separation Agreement. It is understood that the retention of the Insurance Policies by Forest is in no way intended to limit, inhibit, or preclude any right to insurance coverage for any Insured Claim or any other rights under the Insurance Policies, including claims of Lone Pine and any of its operations, subsidiaries, and affiliates for insurance coverage, reimbursement, subrogation, or otherwise.
(b) Lone Pine shall be responsible for (i) Insurance Administration of the Insurance Policies which insure the Lone Pine Group only and (ii) Claims Administration with respect to any liabilities of any member of the Lone Pine Group, any assets of the Lone Pine Group, or any claims as to which the Lone Pine Group has rights of reimbursement or subrogation pursuant to this Agreement or any Separation Agreement.
(c) The parties shall cooperate with regards to Insurance Administration, and shall share material information concerning such matters so that both the Lone Pine Group and the Forest Group are aware on a continuing basis of remaining aggregate limits of coverage, deductible payments, retrospective premium payments, and other material matters relevant to continued dealings with insurers providing coverage for Liabilities of both Groups.
(d) Nothing in this Agreement shall be construed or deemed to affect in any way the right of Forest to obtain and administer future insurance policies or to enter into future indemnification agreements with third parties on whatever terms it believes to be advisable, including the entry into insurance policies covering Forest and its subsidiaries.
(e) Nothing in this Agreement shall be construed or deemed to affect in any way the right of Lone Pine to obtain and administer future insurance policies or to enter into future indemnification agreements with thir...
Administration and Reserves. 20 Section 8.04. Agreement for Waiver of Conflict and Shared Defense. . . . . . . 21 ARTICLE IX. MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Administration and Reserves. (a) Notwithstanding the provisions of Article III, but subject to any contrary provisions of any Related Agreement, from and after the Distribution Date:
(i) Healthcare shall be entitled to any reserves established by LTC or any of its Subsidiaries, or the benefit of reserves held by any insurance carrier, with respect to the Healthcare Liabilities; and
(ii) LTC shall be entitled to any reserves established by LTC or any of its Subsidiaries, or the benefit of reserves held by any insurance carrier, with respect to the LTC Retained Liabilities.
Administration and Reserves. (a) From and after the Distribution Time, the Xxxxxx Oil Group will be responsible for the Claims Administration with respect to claims of the Xxxxxx Oil Group under Shared Policies.
(b) From and after the Distribution Time, the Xxxxxx USA Group will be responsible for the Claims Administration with respect to claims of the Xxxxxx USA Group under Shared Policies, and Xxxxxx Oil shall provide appropriate instructions to the applicable insurance brokers under the Shared Policies to facilitate Claims Administration by Xxxxxx USA. Xxxxxx USA shall provide advance notice to Xxxxxx Oil of any such claims.
(c) Each party agrees to consider in good faith (but shall have no obligation to accept) any requests by the other party to provide assistance to, and cooperate with, such party or any member of its Group with respect to the Claims Administration referred to in Sections 4.05(a) and 4.05(b). None of the members of either Group and their respective directors, officers, agents and employees shall have any liability, whether direct or indirect, in contract or tort or otherwise, to any Person for or in connection with the provision of such assistance or cooperation. All out-of-pocket expenses incurred by either party or any member of its Group in providing any such assistance or cooperation shall be reimbursed promptly by the other party or any member of its Group.
Administration and Reserves. Notwithstanding the provisions of Article V hereof, from and after the Effective Time:
(a) Viad shall be responsible for (1) Insurance Administration with respect to the Viad Policies and (2) Claims Administration with respect to any Liabilities of Viad; provided, however, that the retention of the Viad Policies by Viad is in no way intended to limit, inhibit or preclude any right to insurance coverage for any Insured Claim of a named insured under the Viad Policies;
(b) MoneyGram shall be responsible for (1) Insurance Administration with respect to the MoneyGram Policies, and (2) Claims Administration with respect to any Liabilities of MoneyGram; provided, however, that the retention of the MoneyGram Policies by MoneyGram is in no way intended to limit, inhibit or preclude any right to insurance coverage for any Insured Claim of a named insured under the MoneyGram Policies;
(c) Viad shall be entitled to reserves established by any member of either Group, or the benefit of reserves held by any insurance carrier, with respect to any Viad Liabilities; and
(d) MoneyGram shall be entitled to reserves established by any member of either Group, or the benefit of reserves held by any insurance carrier, with respect to any MoneyGram Liabilities.
Administration and Reserves. 22 SECTION 8.04. AGREEMENT FOR WAIVER OF CONFLICT AND SHARED DEFENSE............23 ARTICLE IX. MISCELLANEOUS.....................................................23
Administration and Reserves. (a) From and after the Distribution, the Xxxxxx Xxxxxxx Group will be responsible for the Claims Administration with respect to claims of the Xxxxxx Xxxxxxx Group under Shared Policies.
(b) From and after the Distribution, the Discover Group will be responsible for the Claims Administration with respect to claims of the Discover Group under Shared Policies. Discover shall provide advance notice to Xxxxxx Xxxxxxx of any such claims.
(c) Each party agrees to consider in good faith (but shall have no obligation to accept) any requests by the other party to provide assistance to, and cooperate with, such party or any member of its Group with respect to the Claims Administration referred to in Sections 4.06 (a) and 4.06(b). None of the members of either Group and their respective directors, officers, agents and employees shall have any liability, whether direct or indirect, in contract or tort or otherwise, to any Person for or in connection with the provision of such assistance or cooperation. All out of pocket expenses incurred by either party in providing any such assistance or cooperation shall be reimbursed promptly by the other party.
Administration and Reserves. (a) Notwithstanding the provisions of Article III, but subject to any contrary provisions of any Related Agreement, from and after the Distribution Date:
(i) Evercel shall be entitled to any reserves established by ERC or any of its Subsidiaries, or the benefit of reserves held by any insurance carrier, with respect to the Evercel Liabilities; and
(ii) ERC shall be entitled to any reserves established by ERC or any of its Subsidiaries, or the benefit of reserves held by any insurance carrier, with respect to the ERC Retained Liabilities.
Administration and Reserves. Consistent with the provisions of Article III, from and after the Effective Time:
