Allocation of Aggregate Deductibles. In the event that two or more Parties have insured claims under any Shared Policy for which an aggregate deductible is payable, the Parties agree that the aggregate amount of the total deductible paid shall be borne by the Parties in the same proportion which the Insurance Proceeds received by each such Party bears to the total Insurance Proceeds received under the applicable Shared Policy (their “allocable share of the deductible”), and any Party who has paid more than its allocable share of the deductible shall be entitled to receive from any other Party or Parties an appropriate amount such that each Party will only have to bear its allocable share of the deductible.
Appears in 12 contracts
Samples: Separation and Distribution Agreement (Donnelley Financial Solutions, Inc.), Separation and Distribution Agreement (Donnelley Financial Solutions, Inc.), Separation and Distribution Agreement (LSC Communications, Inc.)
Allocation of Aggregate Deductibles. In the event that two or more both Parties have insured claims under any Shared Policy for which an aggregate deductible is payable, the Parties agree that the aggregate amount of the total deductible paid shall be borne by the Parties in the same proportion to which the Insurance Proceeds received by each such Party bears to the total Insurance Proceeds received under the applicable Shared Policy (their “allocable share of the deductible”), and any Party who has paid more than its allocable share of the deductible shall be entitled to receive from any the other Party or Parties an appropriate amount such that each Party will only have to bear its allocable share of the deductible.
Appears in 8 contracts
Samples: Separation and Distribution Agreement (Mallinckrodt PLC), Separation and Distribution Agreement (Mallinckrodt PLC), Separation and Distribution Agreement (Tyco International LTD)
Allocation of Aggregate Deductibles. In the event that two or more both Parties have insured claims under any Shared Policy for which an aggregate deductible is payable, the Parties agree that the aggregate amount of the total deductible paid shall be borne by the Parties in the same proportion to which the Insurance Proceeds received by each such Party bears to the total Insurance Proceeds received under the applicable Shared Policy (their “allocable share of the deductible”), and any Party who has paid more than its allocable share of the deductible shall be entitled to receive from any the other Party or Parties an appropriate amount such that each Party will only have to bear its allocable share of the deductible. For the purposes of this Section 11.4(d), Tyco shall include the members of the Flow Control Group.
Appears in 5 contracts
Samples: Separation and Distribution Agreement (ADT, Inc.), Separation and Distribution Agreement (ADT, Inc.), Separation and Distribution Agreement (Tyco International LTD)
Allocation of Aggregate Deductibles. In the event that two or more both Parties have insured claims under any Shared Policy or Legacy Workers Compensation Policy for which an aggregate deductible is payable, the Parties agree that the aggregate amount of the total deductible paid shall be borne by the Parties in the same proportion to which the Insurance Proceeds received by each such Party bears to the total Insurance Proceeds received under the applicable Shared Policy or Legacy Workers Compensation Policy (their “allocable share of the deductible”), and any Party who has paid more than its allocable share of the deductible shall be entitled to receive from any the other Party or Parties an appropriate amount such that each Party will only have to bear its allocable share of the deductible.
Appears in 4 contracts
Samples: Separation and Distribution Agreement, Separation and Distribution Agreement (Covidien PLC), Separation and Distribution Agreement (Mallinckrodt PLC)
Allocation of Aggregate Deductibles. In the event that two or more Parties Groups have insured members with bona fide claims under any Shared Policy for which an aggregate deductible is payable, the Parties agree that the aggregate amount of the total deductible paid shall be borne by the Parties in the same proportion which the Insurance Proceeds received by each such Party bears to the total Insurance Proceeds received under the applicable Shared Policy (their “allocable share Allocable Share of the deductibleDeductible”), and any Party who has paid more than its allocable share such Allocable Share of the deductible Deductible shall be entitled to receive from any other Party or Parties an appropriate amount such so that each Party will only have to bear has borne its allocable share Allocable Share of the deductibleDeductible pursuant hereto.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Guaranty Financial Group Inc.), Separation and Distribution Agreement (Guaranty Financial Group Inc.)
Allocation of Aggregate Deductibles. In the event that two or more Parties have insured bona fide claims under any Shared Policy for which an aggregate deductible is payable, the Parties agree that the aggregate amount of the total deductible paid shall be borne by the Parties in the same proportion which the Insurance Proceeds received by each such Party bears to the total Insurance Proceeds received under the applicable Shared Policy (their “allocable share of the deductible”), and any Party who has paid more than its such allocable share of the deductible shall be entitled to receive from any other Party or Parties an appropriate amount such so that each Party will only have to bear has borne its allocable share of the deductibledeductible pursuant hereto.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Realogy Corp), Separation and Distribution Agreement (Cendant Corp)
Allocation of Aggregate Deductibles. In the event that two or more Parties both SpinCo and RemainCo have insured bona fide claims under any Shared Policy for which an aggregate deductible is payable, the Parties agree that the aggregate amount of the total deductible paid shall be borne by the Parties in the same proportion which the Insurance Proceeds received by each such Party bears to the total Insurance Proceeds received under the applicable Shared Policy (their “allocable share of the deductible”), and any Party who has paid more than its such allocable share of the deductible shall be entitled to receive from any the other Party or Parties an appropriate amount such so that each Party will only have to bear has borne its allocable share of the deductibledeductible pursuant hereto.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Wyndham Destinations, Inc.), Separation and Distribution Agreement (Wyndham Hotels & Resorts, Inc.)