Common use of Administration Other Matters Clause in Contracts

Administration Other Matters. (a) ADMINISTRATION. From and after the Distribution Date, IMPCO shall be responsible for (i) Insurance Administration of the Shared Policies and (ii) Claims Administration under such Shared Policies with respect to Insured Claims of IMPCO and Insured Claims of Quantum; provided that the assumption of such responsibilities by IMPCO is in no way intended to limit, inhibit or preclude any right to insurance coverage for any Insured Claim of a named insured under such Policies as contemplated by the terms of this Agreement; provided further that IMPCO's assumption of the administrative responsibilities for the Shared Policies shall not relieve the party submitting any Insured Claim of the primary responsibility for reporting such Insured Claim accurately, completely and in a timely manner or of such party's authority to settle any such Insured Claim within any period permitted or required by the relevant Policy; and provided further that all direct or indirect communication with insurers relating to the Shared Policies shall be conducted by IMPCO. IMPCO may discharge its administrative responsibilities under this Section 8.2 by contracting for the provision of services by independent parties. Each of the parties hereto shall administer and pay any costs relating to defending its respective Insured Claims under Shared Policies to the extent such defense costs are not covered under such Policies and shall be responsible for obtaining or reviewing the appropriateness of releases upon settlement of its respective Insured Claims under Shared Policies. The disbursements, out-of-pocket expenses and direct and indirect costs of employees or agents of IMPCO relating to Claims Administration and Insurance Administration contemplated by this Section 8.2(a) shall be for Quantum's account if they relate to Insured Claims of Quantum and for IMPCO's account if they relate to Insured Claims of IMPCO.

Administration Other Matters. (a) ADMINISTRATION. From and after the Distribution Date, IMPCO IMS shall be responsible for (i) Insurance Administration of the Shared Policies and (ii) Claims Administration under such Shared Policies with respect to Insured Claims of IMPCO IMS Liabilities and Insured Claims of QuantumST Liabilities; provided PROVIDED that the assumption of such responsibilities by IMPCO IMS is in no way intended to limit, inhibit or preclude any right to insurance coverage for any Insured Claim of a named insured under such Policies as contemplated by the terms of this Agreement; provided further PROVIDED FURTHER that IMPCO's IMS’ assumption of the administrative responsibilities for the Shared Policies shall not relieve the party submitting any Insured Claim of the primary responsibility for reporting such Insured Claim accurately, completely and in a timely manner or of such party's ’s authority to settle any such Insured Claim within any period permitted or required by the relevant Policy; and provided further PROVIDED FURTHER that all direct or indirect communication with insurers relating to the Shared Policies shall be conducted by IMPCOIMS. IMPCO IMS may discharge its administrative responsibilities under this Section 8.2 7.3 by contracting for the provision of services by independent parties. Each of the parties hereto shall administer and pay any costs relating to defending its respective Insured Claims under Shared Policies to the extent such defense costs are not covered under such Policies and shall be responsible for obtaining or reviewing the appropriateness of releases upon settlement of its respective Insured Claims under Shared Policies. The disbursements, out-of-pocket expenses and direct and indirect costs of employees or agents of IMPCO IMS relating to Claims Administration and Insurance Administration contemplated by this Section 8.2(a7.3(a) shall be for Quantum's ST’s account if they relate to Insured Claims of Quantum ST Liabilities and for IMPCO's IMS’ account if they relate to Insured Claims of IMPCOIMS Liabilities.

Administration Other Matters. (a) ADMINISTRATION. From and after the Distribution DateTime of Distribution, IMPCO SNFCo shall be responsible for (i) Insurance Administration of the Shared Company Policies and (ii) Claims Administration under such Shared Company Policies with respect to Insured Claims of IMPCO Institutional Pharmacy Liabilities and Insured Claims of Quantum; provided Skilled Nursing Liabilities that relate to claims asserted prior to the assumption Distribution Date and SNFCo shall be responsible for any premiums, deductibles and retentions in respect of such responsibilities Company Policies and the cost of any such claims shall be the sole responsibility and obligation of SNFCo including, without limitation, claims (and related costs and expenses) that exceed the limits of the applicable Company Policy or where the limits of the applicable Company Policy have been exhausted, and any resulting actuarial gains or losses shall inure solely to SNFCo. From and after the Time of Distribution, GranCare shall file with SNFCo all claims asserted subsequent to the Time of Distribution that relate to occurrences prior to the Time of Distribution arising out of or in connection with the Institutional Pharmacy Business and SNFCo shall be responsible for notifying the appropriate insurance carrier and providing GranCare with copies of all correspondence relating to such notification. Thereafter, GranCare shall be responsible for Claims Administration relating to all such claims wherein SNFCo shall not be named as a co-defendant and GranCare shall provide SNFCo with copies of all correspondence, documents and other materials that may be material to an understanding by IMPCO is in no way intended to limit, inhibit or preclude any right to insurance coverage for any Insured Claim SNFCo of a named insured under the status of such Policies as contemplated by the terms of this Agreementclaims; provided further it being expressly acknowledged and agreed that IMPCOSNFCo's assumption retention of the administrative responsibilities for submitting notices of claims under the Shared appropriate Company Policies shall not relieve the party submitting any Insured Claim GranCare of the primary responsibility for reporting such Insured Claim accurately, completely and in a timely manner or of such party's authority to settle any such Insured Claim within any period permitted or required by the relevant Policy; and provided further that all direct or indirect communication with insurers relating manner. Subject to the Shared Policies shall be conducted by IMPCO. IMPCO may discharge its administrative responsibilities under this Section 8.2 by contracting for the provision indemnification provisions of services by independent parties. Each Article III, each of the parties hereto shall administer and pay any costs relating to defending its respective Insured Claims under Shared Company Policies to the extent such defense costs are not covered under such Company Policies and shall be responsible for obtaining or reviewing the appropriateness of releases upon settlement of its respective Insured Claims under Shared Company Policies. The disbursements, out-of-pocket expenses and direct and indirect costs of employees or agents of IMPCO relating to Claims Administration and Insurance Administration contemplated by this Section 8.2(a) shall be for Quantum's account if they relate to Insured Claims of Quantum and for IMPCO's account if they relate to Insured Claims of IMPCO.(b)

Administration Other Matters. (a) ADMINISTRATION. From Except as otherwise provided in Section 9.02 hereof, from and after the Distribution Date, IMPCO the Company shall be responsible for (i) Insurance Administration of of, and Claims Administration under, the Shared Policies and (ii) Claims Administration under such Shared Policies with respect to Insured Claims of IMPCO and Insured Claims of QuantumPolicies; provided that the assumption retention of such responsibilities by IMPCO the Company is in no way intended to limit, inhibit or preclude any right to insurance coverage for any Insured Claim of a named insured under such Policies as contemplated by the terms of this Agreement; and provided further that IMPCOthe Company's assumption retention of the administrative responsibilities for the Shared Policies shall not relieve the party Spinco, when submitting any Insured Claim Claim, of the primary its responsibility for reporting such Insured Claim accurately, completely and in a timely manner or of such partySpinco's authority to settle any such Insured Claim within any period permitted or required by the relevant Policy; and provided further that all direct or indirect communication with insurers relating to the Shared Policies shall be conducted by IMPCO. IMPCO The Company may discharge its administrative responsibilities under this Section 8.2 9.03 by contracting for the provision of services by independent parties. Each of the parties hereto shall administer and pay any costs relating to defending its respective Insured Claims under Shared Policies to the extent such defense costs are not covered under such Policies and shall be responsible for obtaining or reviewing the appropriateness of releases upon settlement of its respective Insured Claims under Shared Policies. The disbursements, Spinco shall reimburse the Company for its reasonable out-of-pocket expenses and direct and indirect costs of employees or agents of IMPCO the Company relating to Claims Administration and Insurance Administration contemplated by this Section 8.2(a) shall be for Quantum's account if they relate to Insured Claims of Quantum and for IMPCO's account if they relate to Insured Claims of IMPCO9.03(a).