Allocation of Deductibles. In the event that the Parties or members of their respective Groups have bona fide claims under any Third Party Shared Policy arising from the same occurrence and for which a deductible is payable, the Parties agree that the aggregate amount of the 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 Third Party Shared Policy pursuant to Section 9.4(d), and any Party who has paid more than such allocable share of the deductible shall be entitled to receive from the other Party an appropriate amount so that each Party has borne its allocable share of the deductible pursuant hereto.
Appears in 8 contracts
Samples: Separation and Distribution Agreement (DOVER Corp), Separation and Distribution Agreement (Apergy Corp), Separation and Distribution Agreement (Apergy Corp)
Allocation of Deductibles. In the event that the Parties or members of their respective Groups both parties have bona fide claims Insured Claims under any Third Party Shared Policy arising from the same occurrence and for which a an aggregate deductible is payablereached, the Parties parties agree that the aggregate amount of the deductible paid shall be borne by the Parties parties in the same proportion which the Insurance Proceeds received by each such Party party bears to the total Insurance Proceeds received under the applicable Third Party Shared Policy pursuant to Section 9.4(d(their "allocable share of the deductible"), and any Party party who has paid more than such allocable share of the deductible shall be entitled to receive from the other Party party an appropriate amount so that each Party party has borne its allocable share of the deductible pursuant hereto.
Appears in 4 contracts
Samples: Distribution Agreement (Dun & Bradstreet Corp/Nw), Distribution Agreement (New D&b Corp), Distribution Agreement (New D&b Corp)
Allocation of Deductibles. In the event that the Parties or members of their respective Groups have bona fide claims under any Third Party Shared Policy arising from the same occurrence and for which a deductible is payable, the Parties agree that the aggregate amount of the 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 Third Party Shared Policy pursuant to Section 9.4(d9.9(d), and any Party who has paid more than such allocable share of the deductible shall be entitled to receive from the other Party an appropriate amount so that each Party has borne its allocable share of the deductible pursuant hereto.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (Trinity Industries Inc), Separation and Distribution Agreement (Arcosa, Inc.), Separation and Distribution Agreement (Arcosa, Inc.)
Allocation of Deductibles. In the event that the Parties or members of their respective Groups have bona fide claims under any Third Party Shared Policy arising from the same occurrence and for which a deductible is payable, the Parties agree that the aggregate amount of the 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 Third Party Shared Policy pursuant to Section 9.4(d8.3(d), and any Party who has paid more than such allocable share of the deductible shall be entitled to receive from the other Party an appropriate amount so that each Party has borne its allocable share of the deductible pursuant hereto.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (Igate Corp), Separation and Distribution Agreement (Mastech Holdings, Inc.), Separation and Distribution Agreement (Mastech Holdings, Inc.)
Allocation of Deductibles. In the event that the Parties or members of their respective Groups have bona fide claims under any Third Party Shared Policy arising from the same occurrence and for which a deductible is payable, the Parties agree that the aggregate amount of the 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 Third Party Shared Policy pursuant to Section 9.4(d9.3(d), and any Party who has paid more than such allocable share of the deductible shall be entitled to receive from the other Party an appropriate amount so that each Party has borne its allocable share of the deductible pursuant hereto.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (American Standard Companies Inc), Separation and Distribution Agreement (WABCO Holdings Inc.)
Allocation of Deductibles. In the event that the Parties two or members of their respective Groups more parties have bona fide claims Insured Claims under any Third Party Shared Policy arising from the same occurrence and for which a deductible is payablepayable (which shall include the application of any retention), the Parties parties agree that the aggregate amount of the deductible paid shall be borne by the Parties parties in the same proportion which the Insurance Proceeds received by each such Party party bears to the total Insurance Proceeds received under the applicable Third Party Shared Policy pursuant to Section 9.4(d(their "Allocable Share of the Deductible"), and any Party party who has paid more than such allocable share of the deductible shall be entitled to receive from the any other Party party or parties an appropriate amount so that each Party party has borne its allocable share Allocable Share of the deductible Deductible pursuant hereto.
Appears in 2 contracts
Samples: Reorganization Agreement (American Trading & Production Corp), Agreement and Plan of Reorganization (American Trading & Production Corp)
Allocation of Deductibles. In the event that the Parties or members of their respective Groups parties have bona fide claims under any Third Party Shared Harrxx Xxxred Policy arising from the same occurrence and for which a deductible is payable, the Parties parties agree that the aggregate amount of the deductible paid shall be borne by the Parties parties in the same proportion which the Insurance Proceeds received by each such Party party bears to the total Insurance Proceeds received under the applicable Third Party Shared Harrxx Xxxred Policy pursuant to Section 9.4(d(their "allocable share of the deductible"), and any Party party who has paid more than such its allocable share of the deductible shall be entitled to receive from the other Party party an appropriate amount so that each Party party has borne its allocable share of the deductible pursuant hereto.
Appears in 2 contracts
Samples: Agreement and Plan of Distribution (Lanier Worldwide Inc), Distribution Agreement (Lanier Worldwide Inc)
Allocation of Deductibles. In the event that the Parties or members of their respective Groups have bona fide claims under any Third Party Shared Policy arising from the same occurrence and for which a deductible is payable, the Parties agree that the aggregate amount of the 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 Third Party Shared Policy pursuant to Section 9.4(d10.4(e), and any Party who has paid more than such allocable share of the deductible shall be entitled to receive from the other Party an appropriate amount so that each Party has borne its allocable share of the deductible pursuant hereto.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Duke Energy CORP), Separation and Distribution Agreement (Spectra Energy Corp.)
Allocation of Deductibles. In the event that the Parties or members of their respective Groups have bona fide claims under any Third Party Shared Policy arising from the same occurrence and for which a deductible is payable, the Parties agree that the aggregate amount of the 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 Third Party Shared Policy pursuant to Section 9.4(d10.6(e), and any Party who has paid more than such allocable share of the deductible shall be entitled to receive from the other Party an appropriate amount so that each Party has borne its allocable share of the deductible pursuant hereto.
Appears in 1 contract
Samples: Separation and Distribution Agreement (Questar Corp)