Common use of Allocation of Insurance Proceeds Clause in Contracts

Allocation of Insurance Proceeds. Insurance Proceeds received with respect to claims, costs and expenses under the Shared Policies shall be paid to New D&B, which shall thereafter administer the Shared Policies by paying the Insurance Proceeds, as appropriate, to the Corporation with respect to Moody's Liabilities and to New D&B with respect to New D&B Liabilities. Payment of the allocable portions of Insurance Proceeds resulting from such Policies will be made by New D&B to the appropriate party upon receipt from the insurance carrier. In the event that the aggregate limits on any Shared Policies are exceeded by the aggregate of Insured Claims by both of the parties hereto, the parties agree to allocate the Insurance Proceeds received thereunder in the same proportion which each party's aggregate Insured Claims bears to the aggregate of Insured Claims of both of the parties hereto (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 the appropriate amount so that each party will have received its allocable portion of Insurance Proceeds pursuant hereto. Each of the parties agrees to use commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it, and to take all commercially reasonable steps to recover from all other responsible 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. 47 44

Allocation of Insurance Proceeds. Subject to the terms of Section 3 (other than the first sentence of Section 3(a)) of the Intercompany Services Agreement and this Article V, Cognizant may claim coverage for insured claims under any Shared Policy as and to the extent that such insurance is available up to the full extent of the applicable limits of liability of such Shared Policy (and may receive any insurance proceeds with respect thereto). Insurance Proceeds proceeds received with respect to claims, costs and expenses under the Shared Policies shall be paid to New D&B, which shall thereafter administer the Shared Policies by paying the Insurance Proceeds, as appropriate, to the Corporation Cognizant with respect to Moody's Liabilities of Cognizant and to New D&B IMS Health with respect to New D&B Liabilities. Payment Liabilities of the allocable portions of Insurance Proceeds resulting from such Policies will be made by New D&B to the appropriate party upon receipt from the insurance carrierIMS Health. In the event that the aggregate limits on any Shared Policies are exceeded by the aggregate of Insured Claims outstanding insured claims by both of the parties hereto, the parties agree to allocate the Insurance Proceeds insurance proceeds received thereunder in the same proportion which each party's aggregate Insured Claims bears to the aggregate of Insured Claims of both based upon their respective percentage of the parties hereto total of their bona fide claims which were covered under such Shared Policy (their "allocable portion of Insurance Proceeds"), and any either such party who has received insurance proceeds in excess of such party's allocable portion of Insurance Proceeds shall pay to the other party the appropriate amount so that each party will have received its allocable portion of Insurance Proceeds. Any party who has received insurance proceeds in excess of such party's allocable portion of Insurance Proceeds shall pay to the other party the appropriate amount so that each party will have received its allocable portion of Insurance Proceeds pursuant hereto. Each of the parties agrees to use commercially reasonable efforts to maximize available coverage under those the Shared Policies applicable to itPolicies, and to take all commercially reasonable steps to recover from all other responsible 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. 47 44.

Allocation of Insurance Proceeds. Insurance Proceeds received with respect to claims, costs and expenses under the Shared Policies shall be paid to New D&BIMPCO, which shall thereafter administer the Shared Policies by paying the Insurance Proceeds, as appropriate, to the Corporation Quantum with respect to Moody's Liabilities Insured Claims of Quantum and to New D&B IMPCO with respect to New D&B LiabilitiesInsured Claims of IMPCO. Payment of the allocable portions of indemnity costs of Insurance Proceeds resulting from such Policies will be made by New D&B IMPCO to the appropriate party upon receipt from the insurance carrier. In the event that the aggregate limits on any Shared Policies are exceeded by the aggregate of outstanding Insured Claims by both of the parties hereto, the parties agree to allocate the Insurance Proceeds received thereunder in the same proportion which each party's aggregate Insured Claims bears to the aggregate of Insured Claims of both based upon their respective percentage of the parties hereto total of their bona fide 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 the appropriate amount so that each party will have received its allocable portion of Insurance Proceeds pursuant hereto. Each of the parties agrees to use commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it, and to take all commercially reasonable steps to recover from all other responsible 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. 47 44.

Allocation of Insurance Proceeds. From and after the Effective Time, Insurance Proceeds received with respect to claims, costs and expenses under the Shared Policies shall be paid to New D&BBaltimore Management, which shall thereafter administer the Shared Policies by paying the Insurance Proceeds, as appropriate, to the Corporation with respect to Moody's Liabilities and to New D&B ATAPCO with respect to New D&B ATAPCO Liabilities, to ATRECO with respect to ATRECO Liabilities, to Gateway with respect to the Gateway Liabilities and to Xxxxxxx with respect to Xxxxxxx Liabilities. Baltimore Management shall retain the Insurance Proceeds with respect to Baltimore Management Liabilities. Payment of the allocable portions of indemnity costs of Insurance Proceeds resulting from such Shared Policies will be made by New D&B Baltimore Management to the appropriate party upon receipt from the insurance carrier. In the event that the aggregate limits amount recoverable (by virtue of policy limits, insurer insolvency or similar reason) on any Shared Policies are is exceeded by the aggregate of outstanding Insured Claims by both two or more of the relevant parties hereto, the such parties agree to allocate the Insurance Proceeds received thereunder in the same proportion which each party's aggregate Insured Claims bears to the aggregate of Insured Claims of both based upon their respective percentage of the parties hereto total of their bona fide 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 Inllocable 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 pursuant hereto. Each of the parties agrees to use commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it, and to take all commercially reasonable steps to recover from all other responsible 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. 47 44.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 10.3, and where not in conflict with or prohibited by specific insurance policy conditions, Insurance Proceeds received with respect to claims, costs and expenses under the Shared Policies shall be paid to New D&Bor on behalf of Temple-Inland, which shall thereafter administer the Shared Policies by paying the Insurance Proceeds, as appropriate, to the Corporation Temple-Inland with respect to Moody's Retained Business Liabilities, to Forestar with respect to Real Estate Liabilities and to New D&B Guaranty with respect to New D&B Financial Services Liabilities. Payment of the allocable portions of indemnity costs of Insurance Proceeds resulting from such Shared Policies will be made by New D&B Temple-Inland to the appropriate party Party upon receipt from the insurance carrier. In the event that the aggregate limits on any Shared Policies are exceeded by the aggregate of outstanding Insured Claims by both members of the parties heretotwo or more Groups, the parties relevant Parties agree to allocate the Insurance Proceeds received thereunder in the same proportion which each party's aggregate for those Insured Claims bears to the aggregate of Insured Claims of both based upon each relevant Group’s respective percentage of the parties hereto total of their bona fide claims which were covered under such Shared Policy (their "allocable portion “Allocable Portion of Insurance Proceeds"”), and any party Party who has received Insurance Proceeds in excess of such party's allocable portion Party’s Allocable Portion of Insurance Proceeds shall pay to the other party Party or Parties the appropriate amount so that each party Party will have received its allocable portion Allocable Portion of Insurance Proceeds pursuant hereto. Each of the parties Parties agrees to use commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it, and to take all commercially reasonable steps to recover from all other responsible 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. 47 44.

Allocation of Insurance Proceeds. Except as otherwise provided in Section 10.3, and where not in conflict with or prohibited by specific insurance policy conditions, Insurance Proceeds received with respect to claims, costs and expenses under the Shared Policies shall be paid to New D&Bor on behalf of Temple-Inland, which shall thereafter administer the Shared Policies by paying the Insurance Proceeds, as appropriate, to the Corporation Temple-Inland with respect to Moody's 84 Retained Business Liabilities, to Forestar with respect to Real Estate Liabilities and to New D&B Guaranty with respect to New D&B Financial Services Liabilities. Payment of the allocable portions of indemnity costs of Insurance Proceeds resulting from such Shared Policies will be made by New D&B Temple-Inland to the appropriate party Party upon receipt from the insurance carrier. In the event that the aggregate limits on any Shared Policies are exceeded by the aggregate of outstanding Insured Claims by both members of the parties heretotwo or more Groups, the parties relevant Parties agree to allocate the Insurance Proceeds received thereunder in the same proportion which each party's aggregate for those Insured Claims bears to the aggregate of Insured Claims of both based upon each relevant Group’s respective percentage of the parties hereto total of their bona fide claims which were covered under such Shared Policy (their "allocable portion “Allocable Portion of Insurance Proceeds"”), and any party Party who has received Insurance Proceeds in excess of such party's allocable portion Party’s Allocable Portion of Insurance Proceeds shall pay to the other party Party or Parties the appropriate amount so that each party Party will have received its allocable portion Allocable Portion of Insurance Proceeds pursuant hereto. Each of the parties Parties agrees to use commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it, and to take all commercially reasonable steps to recover from all other responsible 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. 47 44.

Allocation of Insurance Proceeds. Insurance Proceeds received with respect to claims, costs and expenses under the Shared Policies shall be paid to New D&B, which shall thereafter administer the Shared Policies by paying the Insurance Proceeds, as appropriate, to the Corporation with respect to Moody's Liabilities and to New D&B with respect to New D&B Liabilities. Payment of the allocable portions of Insurance Proceeds resulting from such Policies will be made by New D&B to the appropriate party upon receipt from the insurance carrier. In the event that the aggregate limits on any Shared Policies are exceeded by the aggregate of Insured Claims by both of the parties hereto, the parties agree to allocate the Insurance Proceeds received thereunder in the same proportion which each party's aggregate Insured Claims bears to the aggregate of Insured Claims of both of the parties hereto (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 the appropriate amount so that each party will have received its allocable portion of Insurance Proceeds pursuant hereto. Each of the parties agrees to use commercially reasonable efforts to maximize available coverage under those Shared Policies applicable to it, and to take all commercially reasonable steps to recover from all other responsible 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. 47 44.