Common use of Allocation of Proceeds Clause in Contracts

Allocation of Proceeds. (a) If one or more Parties sustain a single loss for which recovery is received under the Policy, each Party shall receive that portion of the recovery which is sufficient in amount to indemnify that Party in full for the loss sustained by it (other than the portion thereof subject to a deductible), unless the recovery is inadequate to fully indemnify all Parties for such single loss. (b) If the recovery is inadequate to indemnify fully each Party for such single loss (other than the portion thereof subject to a deductible), the recovery shall be allocated among the Parties as follows: (i) Each Insured shall be allocated an amount equal to the lesser of its actual loss (net of any deductible) and its pro rata coverage as determined by calculating the assets of that Insured in proportion to the total assets of all Insureds; and (ii) The remaining portion of the recovery (if any) shall be allocated to each Insured for the portion of the loss not fully indemnified by the allocation under subparagraph (i) in the same proportion as the portion of each Insured’s loss which is not fully indemnified bears to the sum of the unindemnified loss of itself and each other Insured. If such allocation would result in any Insured’s receiving a portion of the recovery in excess of the loss actually sustained by it, the aggregate of such excess portion shall be reallocated to each other Insured if its losses would not be fully indemnified as a result of the foregoing allocation. (iii) All claims of the Insureds which have been duly proved and established under the Policy shall be satisfied in full before satisfaction of any claims of Domini, if any. (c) If the recovery made pursuant to subparagraphs (a) and (b) hereof reduces the total amount of coverage provided by the Policy because recovery is made from a portion of the Policy written on an “annual aggregate” basis: (i) The Parties agree to seek additional coverage to reinstate the reduction in coverage; or (ii) In the event any subsequent loss is sustained, any recovery by a Party in excess of the minimum amount allocated to it from coverage written on an “annual aggregate” basis shall be reallocated in the event of subsequent single loss among the Party or Parties sustaining the earlier loss(es) and the other Parties in accordance with subparagraphs (a) and (b) above; or (iii) Any recovery in excess of the minimum amount allocated from coverage written on an “annual aggregate” basis shall be paid into an escrow account and allocated in accordance with subparagraphs (a) and (b) above upon final determination of the aggregate losses for the policy year. (d) In the event that a recovery by a Party is less than its actual loss because of the applicability of a deductible clause that is applicable on an “annual aggregate” rather than a “per occurrence” basis and one or more other Parties sustain a subsequent loss or losses to which none or only the remaining portion of the deductible amount applies, the Party(ies) that sustained the earlier loss(es) shall be entitled to a portion of the recovery with respect to the later loss(es) such that the total burden of the deductible amount is borne between and/or among the Parties in accordance with the percentages set forth in Section 3(b) hereto.

Allocation of Proceeds. (a) If one or more Parties sustain a single loss for which recovery is received under the Policy, each Party shall receive that portion of the recovery which is sufficient in amount to indemnify that Party in full for the loss sustained by it (other than the portion thereof subject to a deductible), unless the recovery is inadequate to fully indemnify all Parties for such single loss. (b) If the recovery is inadequate to indemnify fully each Party for such single loss (other than the portion thereof subject to a deductible), the recovery shall be allocated among the Parties as follows: (i) Each Insured shall be allocated an amount equal to the lesser of its actual loss (net of any deductible) and its pro rata coverage as determined by calculating the assets of that Insured in proportion to the total assets of all Insureds; and (ii) The remaining portion of the recovery (if any) shall be allocated to each Insured for the portion of the loss not fully indemnified by the allocation under subparagraph (i) in the same proportion as the portion of each Insured’s 's loss which is not fully indemnified bears to the sum of the unindemnified loss of itself and each other Insured. If such allocation would result in any Insured’s 's receiving a portion of the recovery in excess of the loss actually sustained by it, the aggregate of such excess portion shall be reallocated to each other Insured if its losses would not be fully indemnified as a result of the foregoing allocation. (iii) All claims of the Insureds which have been duly proved and established under the Policy shall be satisfied in full before satisfaction of any claims of Domini, if any. (c) If the recovery made pursuant to subparagraphs (a) and (b) hereof reduces the total amount of coverage provided by the Policy because recovery is made from a portion of the Policy written on an “"annual aggregate” " basis: (i) The Parties agree to seek additional coverage to reinstate the reduction in coverage; or (ii) In the event any subsequent loss is sustained, any recovery by a Party in excess of the minimum amount allocated to it from coverage written on an “"annual aggregate” " basis shall be reallocated in the event of subsequent single loss among the Party or Parties sustaining the earlier loss(es) and the other Parties in accordance with subparagraphs (a) and (b) above; or (iii) Any recovery in excess of the minimum amount allocated from coverage written on an “"annual aggregate” " basis shall be paid into an escrow account and allocated in accordance with subparagraphs (a) and (b) above upon final determination of the aggregate losses for the policy year. (d) In the event that a recovery by a Party is less than its actual loss because of the applicability of a deductible clause that is applicable on an “"annual aggregate” " rather than a “"per occurrence” " basis and one or more other Parties sustain a subsequent loss or losses to which none or only the remaining portion of the deductible amount applies, the Party(ies) that sustained the earlier loss(es) shall be entitled to a portion of the recovery with respect to the later loss(es) such that the total burden of the deductible amount is borne between and/or among the Parties in accordance with the percentages set forth in Section 3(b) hereto.

Allocation of Proceeds. (a) If one or more Parties Insureds sustain a single loss for which recovery is received under the Policy, each Party Insured shall receive that portion of the recovery which is sufficient in amount to indemnify that Party Insured in full for the loss sustained by it (other than the portion thereof subject to a deductible), unless the recovery is inadequate to fully indemnify all Parties Insureds for such single loss. (b) If the recovery is inadequate to indemnify fully each Party Insured for such single loss (other than the portion thereof subject to a deductible), the recovery shall be allocated among the Parties Insureds as follows: (i) Each Insured shall be allocated an amount equal to the lesser of its actual loss (net of any deductible) and its pro rata the minimum amount of coverage as determined by calculating the assets of that Insured allocated to it in proportion to the total assets of all Insuredsaccordance with Schedule A attached hereto; and (ii) The remaining portion of the recovery (if any) shall be allocated to each Insured for the portion of the loss not fully indemnified by the allocation under subparagraph (i) in the same proportion as the portion of each Insured’s 's loss which is not fully indemnified bears to the sum of the unindemnified loss of itself and each the other Insured. If such allocation would result in any either Insured’s 's receiving a portion of the recovery in excess of the loss actually sustained by it, the aggregate of such excess portion shall be reallocated to each the other Insured if its losses would not be fully indemnified as a result of the foregoing allocation. (iii) All claims of the Insureds which have been duly proved and established under the Policy shall be satisfied in full before satisfaction of any claims of Domini, if any. (c) If the recovery made pursuant to subparagraphs (a) and (b) hereof reduces the total amount of coverage provided by the Policy because recovery is made from a portion of the Policy written on an “"annual aggregate” " basis: (i) The Parties Insureds agree to seek additional coverage to reinstate the reduction in coverage; or (ii) In the event any subsequent loss is sustained, any recovery by a Party an Insured in excess of the minimum amount allocated to it in accordance with Schedule A from coverage written on an “"annual aggregate” " basis shall be reallocated in the event of subsequent single loss among the Party Insured or Parties Insureds sustaining the earlier loss(es) and the other Parties Insureds in accordance with subparagraphs (a) and (b) above; or (iii) Any recovery in excess of the minimum amount allocated in accordance with Schedule A from coverage written on an “"annual aggregate” " basis shall be paid into an escrow account and allocated in accordance with subparagraphs (a) and (b) above upon final determination of the aggregate losses for the policy year. (d) In the event that a recovery by a Party an Insured is less than its actual loss because of the applicability of a deductible clause that is applicable on an “"annual aggregate” " rather than a “"per occurrence” " basis and one or more other Parties Insureds sustain a subsequent loss or losses to which none or only the remaining portion of the deductible amount applies, the Party(iesInsured(s) that sustained the earlier loss(es) shall be entitled to a portion of the recovery with respect to the later loss(es) such that the total burden of the deductible amount is borne between and/or among the Parties Insureds in accordance with the percentages set forth in Section 3(b) Schedule A hereto.

Allocation of Proceeds. (a) If one or more Parties Insureds sustain a single loss for which recovery is received under the Policy, each Party Insured shall receive that portion of the recovery which is sufficient in amount to indemnify that Party Insured in full for the loss sustained by it (other than the portion thereof subject to a deductible), unless the recovery is inadequate to fully indemnify all Parties Insureds for such single loss. (b) If the recovery is inadequate to indemnify fully each Party Insured for such single loss (other than the portion thereof subject to a deductible), the recovery shall be allocated among the Parties Insureds as follows: (i) Each Insured shall be allocated an amount equal to the lesser of its actual loss (net of any deductible) and its pro rata the minimum amount of coverage as determined by calculating the assets of that Insured allocated to it in proportion to the total assets of all Insuredsaccordance with Schedule A attached hereto; and (ii) The remaining portion of the recovery (if any) shall be allocated to each Insured for the portion of the loss not fully indemnified by the allocation under subparagraph (i) in the same proportion as the portion of each Insured’s loss which is not fully indemnified bears to the sum of the unindemnified loss of itself and each the other Insured. If such allocation would result in any either Insured’s receiving a portion of the recovery in excess of the loss actually sustained by it, the aggregate of such excess portion shall be reallocated to each the other Insured if its losses would not be fully indemnified as a result of the foregoing allocation. (iii) All claims of the Insureds which have been duly proved and established under the Policy shall be satisfied in full before satisfaction of any claims of Domini, if any. (c) If the recovery made pursuant to subparagraphs (a) and (b) hereof reduces the total amount of coverage provided by the Policy because recovery is made from a portion of the Policy written on an “annual aggregate” basis: (i) The Parties Insureds agree to seek additional coverage to reinstate the reduction in coverage; or (ii) In the event any subsequent loss is sustained, any recovery by a Party an Insured in excess of the minimum amount allocated to it in accordance with Schedule A from coverage written on an “annual aggregate” basis shall be reallocated in the event of subsequent single loss among the Party Insured or Parties Insureds sustaining the earlier loss(es) and the other Parties Insureds in accordance with subparagraphs (a) and (b) above; or (iii) Any recovery in excess of the minimum amount allocated in accordance with Schedule A from coverage written on an “annual aggregate” basis shall be paid into an escrow account and allocated in accordance with subparagraphs (a) and (b) above upon final determination of the aggregate losses for the policy year. (d) In the event that a recovery by a Party an Insured is less than its actual loss because of the applicability of a deductible clause that is applicable on an “annual aggregate” rather than a “per occurrence” basis and one or more other Parties Insureds sustain a subsequent loss or losses to which none or only the remaining portion of the deductible amount applies, the Party(iesInsured(s) that sustained the earlier loss(es) shall be entitled to a portion of the recovery with respect to the later loss(es) such that the total burden of the deductible amount is borne between and/or among the Parties Insureds in accordance with the percentages set forth in Section 3(b) Schedule A hereto.

Allocation of Proceeds. In the event the transaction set forth in the PSA or an Alternate Definitive Agreement closes and IES participates therein by selling its IME Membership Interests, and notwithstanding anything in the IME Operating Agreement to the contrary, the proceeds of the transaction attributable to the sale of the IME Membership Interests shall be allocated between RM and IES and paid or utilized as set forth in this Section 7. The parties intend such proceeds shall be disbursed promptly at the closing of such sale (a) If one the date of such disbursement being the “Disbursement Date”), except to the extent an Alternate Definitive Agreement provides for holdbacks, escrows or more Parties sustain the like of a single loss for which recovery is received under the Policy, each Party shall receive that portion of the recovery which is sufficient in amount sale proceeds (the “Holdback”). Unless an Alternate Definitive Agreement expressly provides otherwise, the portion of the Holdback attributable to indemnify that Party in full for the loss sustained by it (other sale of the IME Membership Interests shall be not more than the portion thereof product of (i) a fraction, in which the numerator is the gross proceeds receivable from the sale of IME Membership Interests pursuant to such Alternate Definitive Agreement, and the denominator is the aggregate gross proceeds receivable from the sale 3 of all the assets sold pursuant to such Alternate Definitive Agreement (excluding the effect of any Holdbacks in each case), multiplied by (ii) the aggregate Holdback required under such Alternate Definitive Agreement. Sale proceeds subject to a deductible), unless any Holdback which are allocated to the recovery is inadequate sale of the IME Membership Interests shall be distributed when and as provided in such Alternate Definitive Agreement. The proceeds of the transaction and any Holdback attributable to fully indemnify all Parties for such single loss. (b) If the recovery is inadequate to indemnify fully each Party for such single loss (other than sale of the portion thereof subject to a deductible), the recovery IME Membership Interests shall be allocated among the Parties RM and IES and paid as follows: (i) Each Insured shall be allocated an amount equal : FIRST, to the lesser payment of its actual loss Transaction Costs (net as defined below) attributable to the sale of any deductiblethe IME Membership Interests, allocated fifty-five percent (55%) from the proceeds otherwise to be received by RM and its forty-five percent (45%) from the proceeds otherwise to be received by IES; SECOND, to RM and IES as the holders of the Senior Preferred Membership Units pro rata coverage up to the fair market value of such units as of the Contribution Date as determined by calculating the assets of that Insured in proportion to the total assets of all Insureds; and (ii) The remaining portion of the recovery (if any) shall be allocated to each Insured for the portion of the loss not fully indemnified by the allocation under subparagraph (i) in the same proportion as the portion of each Insured’s loss which is not fully indemnified bears to the sum of the unindemnified loss of itself and each other Insured. If such allocation would result in any Insured’s receiving a portion of the recovery in excess of the loss actually sustained by it, the aggregate of such excess portion shall be reallocated to each other Insured if its losses would not be fully indemnified as a result of the foregoing allocation. (iii) All claims of the Insureds which have been duly proved and established under the Policy shall be satisfied in full before satisfaction of any claims of Domini, if any. (c) If the recovery made pursuant to subparagraphs (a) and (b) hereof reduces the total amount of coverage provided by the Policy because recovery is made from a portion of the Policy written on an “annual aggregate” basis: (i) The Parties agree to seek additional coverage to reinstate the reduction in coverage; or (ii) In the event any subsequent loss is sustained, any recovery by a Party in excess of the minimum amount allocated to it from coverage written on an “annual aggregate” basis shall be reallocated in the event of subsequent single loss among the Party or Parties sustaining the earlier loss(es) and the other Parties in accordance with subparagraphs (a) and (b) aboveSection 2 hereof; or (iii) Any recovery in excess of the minimum amount allocated from coverage written on an “annual aggregate” basis shall THIRD, all remaining proceeds will be paid into an escrow account fifty-five percent (55%) to RM and allocated in accordance with subparagraphs forty-five percent (a45%) and (b) above upon final determination of the aggregate losses for the policy yearto IES. (d) In the event that a recovery by a Party is less than its actual loss because of the applicability of a deductible clause that is applicable on an “annual aggregate” rather than a “per occurrence” basis and one or more other Parties sustain a subsequent loss or losses to which none or only the remaining portion of the deductible amount applies, the Party(ies) that sustained the earlier loss(es) shall be entitled to a portion of the recovery with respect to the later loss(es) such that the total burden of the deductible amount is borne between and/or among the Parties in accordance with the percentages set forth in Section 3(b) hereto.

Allocation of Proceeds. The gross proceeds recovered by CYTEC (aor by WH, on behalf of CYTEC) If one in respect of an Assigned Claim or more Parties sustain a single loss for which recovery is received an Additional Claim, whether recovered as payments under the Policyaffected insurance policies or through settling or compromising such Assigned Claim or such Additional Claim or otherwise ("Proceeds"), each Party shall receive that portion of the recovery which is sufficient in amount to indemnify that Party in full be for the loss sustained by it (other than account of CYTEC, except that CYTEC shall pay to WH, or WH shall retain, as the portion thereof subject to a deductible)case may be, unless the recovery is inadequate to fully indemnify all Parties for from such single loss. (b) If the recovery is inadequate to indemnify fully each Party for such single loss (other than the portion thereof subject to a deductible), the recovery shall be allocated among the Parties as follows: (i) Each Insured shall be allocated Proceeds an amount equal to the lesser sum of: (i) all payments made by Berdan in respect of its actual loss such Assigned Claim or such Additional Claxx, xncluding without limitation any payments made by Berdan in respect of insurance policies or "re-insurance" or otxxx xrrangements relating to insurance policies (net of any deductible) and its pro rata coverage as determined by calculating the assets of that Insured in proportion to the total assets of all Insureds; and "Berdan Payments"), (ii) The without duplication with clause (i) axxxx, all Losses (as defined in Section 2(e) below) incurred or suffered by the Wyeth Parties as a result of, arising out of or directly or indirectly relating to such Assigned Claim or such Additional Claim that, absent this Section 2(d), would be subject to indemnification under Section 2(e) below, and, only in the case of an Additional Claim, (iii) 10% of the Proceeds remaining after subtracting the amounts in clauses (i) and (ii) (collectively, the "Wyeth Portion"). To the extent practicable, CYTEC shall give WH no less than thirty (30) days notice of each expected receipt of Proceeds, so that WH can provide CYTEC with its calculation of the amount, if any, referred to in clause (ii) above. Upon CYTEC's receipt of any Proceeds, CYTEC shall immediately notify WH in writing of such receipt and remit the Wyeth Portion to WH; provided, that if CYTEC has not yet received WH's calculation of the amount, if any, referred to in clause (ii) above, CYTEC shall instead immediately remit to WH such portion of the recovery (if any) Wyeth Portion as may be calculated without such calculation and, upon receipt of such calculation, shall be allocated to each Insured for immediately remit the portion remaining amount of the loss not fully indemnified by Wyeth Portion to WH. Within thirty (30) days following the allocation under subparagraph (i) in the same proportion as the portion last day of each Insured’s loss which is not fully indemnified bears calendar quarter, CYTEC shall deliver to WH a certification of the Chief Financial Officer of CYTEC as to the sum amount of all Proceeds received during such quarter and the calculation of the unindemnified loss Wyeth Portion with respect to such Proceeds. Upon WH's receipt of itself any Proceeds on behalf of CYTEC, WH shall immediately notify CYTEC in writing of such receipt and each other Insured. If remit such allocation would result in any Insured’s receiving a portion Proceeds, net of the recovery in excess of the loss actually sustained by itWyeth Portion, the aggregate of such excess portion shall be reallocated to each other Insured if its losses would not be fully indemnified as a result of the foregoing allocation. (iii) All claims of the Insureds which have been duly proved and established under the Policy shall be satisfied in full before satisfaction of any claims of Domini, if any. (c) If the recovery made pursuant to subparagraphs (a) and (b) hereof reduces the total amount of coverage provided by the Policy because recovery is made from a portion of the Policy written on an “annual aggregate” basis: (i) The Parties agree to seek additional coverage to reinstate the reduction in coverage; or (ii) In the event any subsequent loss is sustained, any recovery by a Party in excess of the minimum amount allocated to it from coverage written on an “annual aggregate” basis shall be reallocated in the event of subsequent single loss among the Party or Parties sustaining the earlier loss(es) and the other Parties in accordance with subparagraphs (a) and (b) above; or (iii) Any recovery in excess of the minimum amount allocated from coverage written on an “annual aggregate” basis shall be paid into an escrow account and allocated in accordance with subparagraphs (a) and (b) above upon final determination of the aggregate losses for the policy year. (d) CYTEC. In the event that a recovery by a Party is less than its actual loss because CYTEC expects to receive Proceeds in respect of which Berdan will incur Berdan Payments, CYTEC shall notify WH therexx xxd cooperate xxxx WH in order to facilitate WH's direct receipt of the applicability of a deductible clause Berdan Payments from Berdan. In the event that is applicable on an “annual aggregate” rather than a “per occurrence” basis and one or more other Parties sustain a subsequent loss or losses to which none or only the remaining portion as of the deductible amount appliestime of xxx xeceipt of Proxxxxx by CYTEC or WH, the Party(iesamount referred to in clause (ii) that sustained has not been agreed by CYTEC and WH, the earlier loss(es) Wyeth Portion shall be entitled calculated based on WH's calculation, but CYTEC shall retain the right to a portion pursue any amount of the recovery with respect to the later loss(es) such that the total burden of the deductible amount is borne between and/or among the Parties Wyeth Portion in dispute in accordance with the percentages dispute resolution procedures set forth in the TDA. In the event that CYTEC fails to cure any breach by it of the provisions of this Section 3(b2(d) heretowithin ten (10) days following written notice thereof from WH, in addition to the remedies available to WH under this Agreement (including without limitation Section 2(e)) and otherwise under applicable law, the assignment hereby of the Assigned Claims and any Additional Claims shall be deemed suspended and CYTEC shall have no further ability to prosecute the Assigned Claims and any Additional Claims until such time as such breach is cured to the reasonable satisfaction of WH.

Allocation of Proceeds. Any proceeds of Collateral received by the Administrative Agent (i) not constituting (A) a specific payment of principal, interest, fees or other sum payable under the Loan Documents (which shall be applied as specified by the Borrower) or (B) a mandatory prepayment (which shall be applied in accordance with Section 2.10) or (ii) after an Event of Default has occurred and is continuing and the Administrative Agent so elects or the Required Lenders so direct, such funds shall be applied ratably first, to pay any fees, indemnities, or expense reimbursements including amounts then due to the Administrative Agent and the Issuing Bank from the Borrower, second, to pay any fees or expense reimbursements then due to the Lenders from the Borrower, third, to pay interest then due and payable on the Loans ratably, fourth, to prepay principal on the Loans and unreimbursed LC Disbursements and any other amounts owing with respect to Banking Services Obligations and Swap Obligations ratably, fifth, to pay an amount to the Administrative Agent equal to 105% of the aggregate undrawn face amount of all outstanding Letters of Credit and the aggregate amount of any unpaid LC Disbursements, to be held as cash collateral for such Obligations, and sixth, to the payment of any other Secured Obligation due to the Administrative Agent or any Lender by the Borrower. Notwithstanding the foregoing, amounts received from any Loan Party shall not be applied to any Excluded Swap Obligation of such Loan Party. Notwithstanding anything to the contrary contained in this Agreement, unless so directed by the Borrower, or unless a Default is in existence, none of the Administrative Agent or any Lender shall apply any payment which it receives to any Eurocurrency Loan of a Class, except (a) If one on the expiration date of the Interest Period applicable to any such Eurocurrency Loan or more Parties sustain a single loss for which recovery is received under (b) in the Policyevent, each Party and only to the extent, that there are no outstanding ABR Loans of the same Class and, in any event, the Borrower shall receive that pay the break funding payment required in accordance with Section 2.15. The Administrative Agent and the Lenders shall have the continuing and exclusive right to apply and reverse and reapply any and all such proceeds and payments to any portion of the recovery which is sufficient in amount to indemnify that Party in full for the loss sustained by it (other than the portion thereof subject to a deductible), unless the recovery is inadequate to fully indemnify all Parties for such single lossSecured Obligations. (b) If the recovery is inadequate to indemnify fully each Party for such single loss (other than the portion thereof subject to a deductible), the recovery shall be allocated among the Parties as follows: (i) Each Insured shall be allocated an amount equal to the lesser of its actual loss (net of any deductible) and its pro rata coverage as determined by calculating the assets of that Insured in proportion to the total assets of all Insureds; and (ii) The remaining portion of the recovery (if any) shall be allocated to each Insured for the portion of the loss not fully indemnified by the allocation under subparagraph (i) in the same proportion as the portion of each Insured’s loss which is not fully indemnified bears to the sum of the unindemnified loss of itself and each other Insured. If such allocation would result in any Insured’s receiving a portion of the recovery in excess of the loss actually sustained by it, the aggregate of such excess portion shall be reallocated to each other Insured if its losses would not be fully indemnified as a result of the foregoing allocation. (iii) All claims of the Insureds which have been duly proved and established under the Policy shall be satisfied in full before satisfaction of any claims of Domini, if any. (c) If the recovery made pursuant to subparagraphs (a) and (b) hereof reduces the total amount of coverage provided by the Policy because recovery is made from a portion of the Policy written on an “annual aggregate” basis: (i) The Parties agree to seek additional coverage to reinstate the reduction in coverage; or (ii) In the event any subsequent loss is sustained, any recovery by a Party in excess of the minimum amount allocated to it from coverage written on an “annual aggregate” basis shall be reallocated in the event of subsequent single loss among the Party or Parties sustaining the earlier loss(es) and the other Parties in accordance with subparagraphs (a) and (b) above; or (iii) Any recovery in excess of the minimum amount allocated from coverage written on an “annual aggregate” basis shall be paid into an escrow account and allocated in accordance with subparagraphs (a) and (b) above upon final determination of the aggregate losses for the policy year. (d) In the event that a recovery by a Party is less than its actual loss because of the applicability of a deductible clause that is applicable on an “annual aggregate” rather than a “per occurrence” basis and one or more other Parties sustain a subsequent loss or losses to which none or only the remaining portion of the deductible amount applies, the Party(ies) that sustained the earlier loss(es) shall be entitled to a portion of the recovery with respect to the later loss(es) such that the total burden of the deductible amount is borne between and/or among the Parties in accordance with the percentages set forth in Section 3(b) hereto.