Common use of Allocation of Insurance Proceeds Clause in Contracts

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco with respect to Tyco Retained Liabilities, to Healthcare with respect to Healthcare Liabilities, and to Electronics with respect to Electronics Liabilities. In the event that the aggregate limits on any Shared Policies are exhausted by the payment of Insured Claims by the relevant Parties, such Parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or claims which were covered under such Shared Policy (their “allocable portion of Insurance Proceeds”), and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion of Insurance Proceeds. Each of the Parties agrees to use best efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all Parties, and to take all commercially reasonable steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco RRD with respect to Tyco RRD Retained Liabilities, to Healthcare LSC with respect to Healthcare LSC Liabilities, and to Electronics Donnelley Financial with respect to Electronics Donnelley Financial Liabilities. In the event that the aggregate limits on any Shared Policies are exhausted by the payment of Insured Claims by the relevant Parties, such Parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or claims which were covered under such Shared Policy (their “allocable portion Allocable Portion of Insurance Proceeds”), and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion Allocable Portion of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion Allocable Portion of Insurance Proceeds. Each of the Parties agrees to use best commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all Parties, and to take all commercially reasonable steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.310.3, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco Trident with respect to Tyco Trident Retained Liabilities, Liabilities and to Healthcare Fountain with respect to Healthcare Liabilities, and to Electronics with respect to Electronics Fountain Liabilities. In the event that the aggregate limits on any Shared Policies are exhausted by the payment of Insured Claims by the relevant Parties, such Parties agree each Party agrees to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or claims which were covered under such Shared Policy (their “allocable portion of Insurance Proceeds”), and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion of Insurance Proceeds. Each of the Parties agrees to use their respective reasonable best efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all Parties, and to take all commercially reasonable best steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Third Party Shared Policies shall be paid to Tyco or on behalf of Dover under the relevant Third Party Shared Policy, and Dover shall thereafter administer the Third Party Shared Policies, as appropriate, by retaining the Insurance Proceeds with respect to Tyco Retained Dover Liabilities, and by paying the Insurance Proceeds to Healthcare Apergy with respect to Healthcare Liabilities, and to Electronics with respect to Electronics Apergy Liabilities. In the event that the aggregate limits on any Third Party Shared Policies are exhausted exceeded by the payment aggregate of outstanding Insured Claims by the relevant PartiesParties or members of their respective Groups, such the Parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or of their bona fide claims which were covered under such Third Party Shared Policy (their “allocable portion of Insurance Proceeds”)Policy, and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion respective percentage of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion respective percentage of Insurance ProceedsProceeds pursuant hereto. Each of the Parties agrees to use best commercially reasonable efforts to maximize available coverage under those Third Party Shared Policies applicable to it for the benefit of all Partiesit, and to take all commercially reasonable steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Third Party Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim, provided that any allocation of Insurance Proceeds shall be made net of any recovery, whenever obtained, from such other responsible parties.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3this Article V, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies and Legacy Workers Compensation Policies shall be paid to Tyco Covidien with respect to Tyco Retained Liabilities, Excluded Liabilities and to Healthcare Mallinckrodt with respect to Healthcare Liabilities, and to Electronics with respect to Electronics Mallinckrodt Liabilities. In the event that the aggregate limits on any Shared Policies or Legacy Workers Compensation Policies are exhausted by the payment of Insured Claims by the relevant Partiesparties, such Parties parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or claims which were covered under such Shared Policy or Legacy Workers Compensation Policy (their “allocable portion of Insurance Proceeds”), and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion of Insurance Proceeds. Each of the Parties agrees to use their respective reasonable best efforts to maximize available coverage under those Shared Policies and Legacy Workers Compensation Policies applicable to it for the benefit of all both Parties, and to take all commercially reasonable steps to recover from all other responsible parties (except the Partiesother Party hereto) in respect of an Insured Claim to the extent coverage limits under a Shared Policy or Legacy Workers Compensation Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Third Party Shared Policies shall be paid to Tyco or on behalf of Dover under the relevant Third Party Shared Policy, and Dover shall thereafter administer the Third Party Shared Policies, as appropriate, by retaining the Insurance Proceeds with respect to Tyco Retained Dover Liabilities, and by paying the Insurance Proceeds to Healthcare Xxxxxxx with respect to Healthcare Liabilities, and to Electronics with respect to Electronics Xxxxxxx Liabilities. In the event that the aggregate limits on any Third Party Shared Policies are exhausted exceeded by the payment aggregate of outstanding Insured Claims by the relevant PartiesParties or members of their respective Groups, such the Parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or of their bona fide claims which were covered under such Third Party Shared Policy (their “allocable portion of Insurance Proceeds”)Policy, and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion respective percentage of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion respective percentage of Insurance ProceedsProceeds pursuant hereto. Each of the Parties agrees to use best commercially reasonable efforts to maximize available coverage under those Third Party Shared Policies applicable to it for the benefit of all Partiesit, and to take all commercially reasonable steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Third Party Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim, provided, that any allocation of Insurance Proceeds shall be made net of any recovery, whenever obtained, from such other responsible parties.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.37.2, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco D&B, which shall thereafter administer the Shared Policies by paying the Insurance Proceeds, as appropriate, to D&B with respect to Tyco Retained D&B Liabilities, to Healthcare Cognizant with respect to Healthcare Liabilities, Cognizant Liabilities and to Electronics ACNielsen with respect to Electronics the ACNielsen Liabilities. Payment of the allocable portions of indemnity costs of Insurance Proceeds resulting from such Policies will be made by D&B to the appropriate party upon receipt from the insurance carrier. In the event that the aggregate limits on any Shared Policies are exhausted exceeded by the payment aggregate of outstanding Insured Claims by two or more of the relevant Partiesparties hereto, such Parties parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or of their bona fide claims which were covered under such Shared Policy (their “"allocable portion of Insurance Proceeds”"), and any Party party who has received Insurance Proceeds in excess of such Party’s party's allocable portion of Insurance Proceeds shall pay to the other Party party or Parties parties the appropriate amount so that each Party party will have received its allocable portion of Insurance ProceedsProceeds pursuant hereto. Each of the Parties parties agrees to use best commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all Partiesit, and to take all commercially reasonable steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Third Party Shared Policies shall be paid to Tyco or on behalf of the insured under the relevant Third Party Shared Policy, which insured shall thereafter administer the Third Party Shared Policies by paying the Insurance Proceeds, as appropriate, to iGATE with respect to Tyco Retained Liabilities, to Healthcare iGATE Liabilities and Mastech with respect to Healthcare Liabilities, and to Electronics with respect to Electronics Mastech Liabilities. In the event that the aggregate limits on any Third Party Shared Policies are exhausted exceeded by the payment aggregate of outstanding Insured Claims by the relevant PartiesParties or members of their respective Groups, such the Parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or of their bona fide claims which were covered under such Third Party Shared Policy (their “allocable portion of Insurance Proceeds”)Policy, and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion respective percentage of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion respective percentage of Insurance ProceedsProceeds pursuant hereto. Each of the Parties agrees to use best efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all Parties, and to take all commercially reasonable steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Third Party Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.35.4, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco Covidien with respect to Tyco Retained Liabilities, Excluded Liabilities and to Healthcare Mallinckrodt with respect to Healthcare Liabilities, and to Electronics with respect to Electronics Mallinckrodt Liabilities. In the event that the aggregate limits on any Shared Policies are exhausted by the payment of Insured Claims by the relevant Partiesparties, such Parties parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or claims which were covered under such Shared Policy (their “allocable portion of Insurance Proceeds”), and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion of Insurance Proceeds. Each of the Parties agrees to use their respective reasonable best efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all both Parties, and to take all commercially reasonable steps to recover from all other responsible parties (except the Partiesother Party hereto) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.310.3, and where not in conflict with or prohibited by specific insurance policy conditions, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco or on behalf of Temple-Inland, which shall thereafter administer the Shared Policies by paying the Insurance Proceeds, as appropriate, to Temple-Inland with respect to Tyco Retained Business Liabilities, to Healthcare Forestar with respect to Healthcare Liabilities, Real Estate Liabilities and to Electronics Guaranty with respect to Electronics Financial Services Liabilities. Payment of the allocable portions of indemnity costs of Insurance Proceeds resulting from such Shared Policies will be made by Temple-Inland to the appropriate Party upon receipt from the insurance carrier. In the event that the aggregate limits on any Shared Policies are exhausted exceeded by the payment aggregate of outstanding Insured Claims by members of two or more Groups, the relevant Parties, such Parties agree to allocate the Insurance Proceeds received thereunder for those Insured Claims based upon their each relevant Group’s respective percentage of the total insured claim or of their bona fide claims which were covered under such Shared Policy (their “allocable portion Allocable Portion of Insurance Proceeds”), and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion Allocable Portion of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion Allocable Portion of Insurance ProceedsProceeds pursuant hereto. Each of the Parties agrees to use best commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all Partiesit, and to take all commercially reasonable steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Third Party Shared Policies shall be paid to Tyco or on behalf of the insured under the relevant Third Party Shared Policy, which insured shall thereafter administer the Third Party Shared Policies by paying the Insurance Proceeds, as appropriate, to ASD with respect to Tyco Retained Liabilities, to Healthcare Remainco Liabilities and WABCO with respect to Healthcare Liabilities, and to Electronics with respect to Electronics VCS Liabilities. In the event that the aggregate limits on any Third Party Shared Policies are exhausted exceeded by the payment aggregate of outstanding Insured Claims by the relevant PartiesParties or members of their respective Groups, such the Parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or of their bona fide claims which were covered under such Third Party Shared Policy (their “allocable portion of Insurance Proceeds”)Policy, and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion respective percentage of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion respective percentage of Insurance ProceedsProceeds pursuant hereto. Each of the Parties agrees to use best commercially reasonable efforts to maximize available coverage under those Third Party Shared Policies applicable to it for the benefit of all Partiesit, and to take all commercially reasonable steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Third Party Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3this Article V, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco to, or on behalf of, Pentair with respect to Tyco Retained LiabilitiesPentair Liabilities and to, to Healthcare or on behalf of, nVent with respect to Healthcare Liabilities, and to Electronics with respect to Electronics nVent Liabilities. In the event that the aggregate limits on any Shared Policies are exhausted by the payment of Insured Claims by the relevant Partiesparties, such Parties parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or claims which were covered under such Shared Policy (their “allocable portion of Insurance Proceeds”), and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion of Insurance Proceeds. Each of the Parties agrees to use best their respective commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all both Parties, and to take all commercially reasonable steps to recover from all other responsible parties (except the Partiesother Party hereto) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3this Article V, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco Pentair with respect to Tyco Retained Liabilities, Pentair Liabilities and to Healthcare nVent with respect to Healthcare Liabilities, and to Electronics with respect to Electronics nVent Liabilities. In the event that the aggregate limits on any Shared Policies are exhausted by the payment of Insured Claims by the relevant Partiesparties, such Parties parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or claims which were covered under such Shared Policy (their “allocable portion of Insurance Proceeds”), and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion of Insurance Proceeds. Each of the Parties agrees to use best their respective commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all both Parties, and to take all commercially reasonable steps to recover from all other responsible parties (except the Partiesother Party hereto) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco with respect to Tyco Retained Liabilities, Liabilities and to Healthcare ADT NA with respect to Healthcare Liabilities, and to Electronics with respect to Electronics ADT North American R/SB Liabilities. In the event that the aggregate limits on any Shared Policies are exhausted by the payment of Insured Claims by the relevant Parties, such Parties agree each Party agrees to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or claims which were covered under such Shared Policy Policy(treating for these purposes claims of Flow Control and the members of the Flow Control Group as claims of Tyco) (their “allocable portion of Insurance Proceeds”), and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion of Insurance Proceeds. Each of the Parties agrees to use their respective reasonable best efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all Parties, and to take all commercially reasonable best steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.37.2, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco D&B, which shall thereafter administer the Shared Policies by paying the Insurance Proceeds, as appropriate, to D&B with respect to Tyco Retained D&B Liabilities, to Healthcare Cognizant with respect to Healthcare Liabilities, Cognizant Liabilities and to Electronics ACNielsen with respect to Electronics the ACNielsen Liabilities. Payment of the allocable portions of indemnity costs of Insurance Proceeds resulting from such Policies will be made by D&B to the appropriate party upon receipt from the insurance carrier. In the event that the aggregate limits on any Shared Policies are exhausted exceeded by the payment aggregate of outstanding Insured Claims by two or more of the relevant Partiesparties hereto, such Parties parties agree to allocate the Insurance Proceeds received thereunder based upon their respective 45 45 percentage of the total insured claim or of their bona fide claims which were covered under such Shared Policy (their “"allocable portion of Insurance Proceeds”"), and any Party party who has received Insurance Proceeds in excess of such Party’s party's allocable portion of Insurance Proceeds shall pay to the other Party party or Parties parties the appropriate amount so that each Party party will have received its allocable portion of Insurance ProceedsProceeds pursuant hereto. Each of the Parties parties agrees to use best commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all Partiesit, and to take all commercially reasonable steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco Entergy, which shall administer the Shared Policies by retaining the Insurance Proceeds with respect to Tyco Retained Liabilities, Business Liabilities and giving to Healthcare Enexus any Insurance Proceeds with respect to Healthcare Liabilities, and to Electronics with respect to Electronics Non-Utility Nuclear Liabilities. In the event that the aggregate limits on any Shared Policies are exhausted exceeded by the payment aggregate of outstanding Insured Claims by the relevant PartiesParties or members of their respective Groups, such the Parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or of their bona fide claims which were covered under such Shared Policy (their “allocable portion of Insurance Proceeds”)Policy, and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion respective percentage of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion respective percentage of Insurance ProceedsProceeds pursuant hereto. Each of the Parties agrees to use best commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all Partiesit, and to take all commercially reasonable steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.