Certain Insurance Claims Sample Clauses

Certain Insurance Claims. From and after the Closing Date, the Company and the Company Subsidiaries shall cease to be insured by Seller's or its Affiliates' (other than the Company or any Company Subsidiary, as the case may be) insurance policies or by any of their self-insured programs to the extent such insurance policies or programs cover the Company or the Company Subsidiaries; provided, however, that Seller shall use its reasonable commercial efforts, subject to the terms of the occurrence-based third party liability insurance policies and any workers' compensation insurance policies and/or comparable workers' compensation self-insurance programs sponsored by Seller and/or its Affiliates and that apply to the locations at which the businesses of the Company and the Company Subsidiaries operate (the "Occurrence Policies"), (i) to retain and extend the right to make or submit claims and receive recoveries for the benefit of the Company and the Company Subsidiaries under the Occurrence Policies with respect to any Losses arising out of actions, omissions, events or facts relating to the assets (including the Acquired Personal Property Assets), properties (including the Acquired Real Property Assets) or business of the Company and the Company Subsidiaries occurring on or prior to the Closing Date (each, an "Insured Claim"), (ii) to submit, and to cause its Affiliates to cooperate with the Company and the Company Subsidiaries in submitting, as soon as practicable good faith Insured Claims on behalf of the Company and the Company Subsidiaries under the Occurrence Policies (without any obligation on the part of Acquiror, the Company or any of the Company Subsidiaries to reimburse Seller for any increased costs incurred by Seller as a result of such claims or to make claims under insurance policies sponsored by Acquiror and/or its Affiliates) and (iii) to pay promptly over to the Company any and all amounts received by Seller or its Affiliates under the Occurrence Policies with respect to Insured Claims.
Sample 1Sample 2
Certain Insurance Claims. In the event that, during the ten (10) year period following the Closing Date (i) a third party makes a product liability claim against Buyer for products of the Business sold prior to the Closing Date or a claim relating to a liability under Environmental Laws for a Release of Hazardous Materials from the Included Xxxxxxxxxxx Real Property (it being acknowledged that each such claim is an Assumed Liability under this Agreement) and (ii) such claim is covered by an insurance policy (other than policy or practice of self-insurance) maintained by Seller prior to the Closing Date, Seller, at the cost of Buyer, shall use its reasonable efforts to make a claim for reimbursement under such policy in respect of such claim, to the extent such a claim is permitted under such policy. Any insurance proceeds received by Seller in respect of such claim shall be paid over to Buyer, after deducting any costs of Seller in making such claim. Seller shall have no obligation to make any such claim under its insurance policy if its costs of insurance would increase as a result of making such claim. Notwithstanding the foregoing, nothing in this Section 8.08 shall relieve Buyer of its obligations to discharge in full Assumed Liabilities under this Agreement.
Sample 1
Certain Insurance Claims. All of the Sellers’ insurance claims and rights to the extent that they pertain to the Assumed Obligations;
Sample 1
Certain Insurance Claims. If, prior to the Closing, (a) the Company makes any settlement payment in respect of the matter set forth in Item 1 of Schedule 4.14 and does not receive any insurance proceeds with respect thereto or (b) the Company has not made any such settlement payment but the amount of the anticipated settlement payment is included as a current liability in the final determination of Net Working Capital pursuant to Section 3.1(b)(ii), then, from and after the Closing, Parent shall cause the Company to use all reasonable efforts to recover amounts available in respect thereof under the Company’s insurance policies existing on the date hereof, and if the Company so recovers any such insurance proceeds, the Company shall pay such proceeds over to Seller (for the benefit of the Former Company Stockholders) in accordance with Section 3.2(a) to the extent of the amount of the settlement payment described in clause (a) above or the amount of the current liability described in clause (b) above, as applicable. The Company shall give Seller written notice of receipt of any such insurance proceeds within five (5) Business Days of receipt thereof.
Sample 1
Certain Insurance Claims. (a) Section 4.16 shall not apply to (i) any claims against Liberty Mutual Insurance Company, or any of its Affiliates, of any rights, claims, payments or causes of action in connection with the matter of Eagle-Picher Industries, Inc. v. Eagle-Picher Industries, Inc. Personal Injury Settlement Trust, Number 97-1032, pending before the United States Bankruptcy Court for the Southern District of Ohio, Western Division, relating to Eagle-Picher Industries, Inc., Debtors (Consolidated Case Number 1-91-00100) (the "Liberty Mutual Settlement"), (ii) any claims against General Accident Insurance Company of America or American Employers' Insurance Company, of any rights, claims, payments or causes of action in connection with the matter of Eagle-Picher Industries, Inc. v. General Accident Insurance Company of America, et al., Number C-1-96-1082, pending before the United States District Court for the Southern District of Ohio, Western Division (the "Insurance Coverage Litigation") or (iii) any other pending claims against insurance companies under policies issued to Eagle-Picher Industries, Inc. or any affiliated company other than for claims alleging bodily injury arising out of exposure to asbestos-related and lead-related products. (b) The Trust and its Affiliates shall refrain from opposing, contesting or impeding, in any manner whatsoever, any claim Holdings, the Company, the Company Subsidiaries and their respective subsidiaries may make for coverage under the claims identified in Section 4.18(a) (including the Liberty Mutual Settlement and the Insurance Coverage Litigation).
Sample 1

Related to Certain Insurance Claims

  • Insurance Claims The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.  The Supplier To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. Not less than £10,000,000 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in any one occurrence and in the aggregate per annum in respect of products and pollution liability. United Kingdom

  • Maintain Insurance The Credit Parties’ shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.

  • Deductibles and Self-Insurance Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

  • Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of agreement, upon which the City may, after giving five business days’ notice to the Consultant to correct the breach, immediately terminate the agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City.

  • Trauma Insurance All employees will be covered by an Incolink administered lump sum insurance policy providing financial compensation in the event of a major work related (ie. WorkCover) accident resulting in death or permanent total disablement. The full and precise conditions of this cover will be in accordance with the terms of the policy, but in general will provide that, in the event of a workplace accident occurring which results in either the death or total permanent disablement of a worker covered by this Agreement, a lump sum payment as specified below will made. The defined payments are: With dependants $250,000 Without dependants $150,000 This benefit has been agreed to by the company on the grounds that premium costs have been set at $7 per week/worker and will not exceed that amount. In the event of insurance costs rising, it is agreed that the table of defined benefits will be reduced so as to maintain the $7 premium figure. To maintain this cover the company agrees to pay the amounts every week for each employee.

  • Crime Insurance Contractor shall maintain during the term of the Contract Crime Insurance on a “loss sustained form” or “loss discovered form,” and coverage must include the following:  The policy must allow for reporting of circumstances or incidents that might give rise to future claims.  The policy must include an extended reporting period of no less than one (1) year with respect to events which occurred but were not reported during the term of the policy.  Any warranties required by the Contractor’s insurer as a result of this Contract must be disclosed and complied with. Said insurance shall extend coverage to include the principals (all directors, officers, agents and employees) of the Contractor as a result of this Contract.  The policy shall include coverage for third party fidelity and name “The People of the State of New York, the New York State Office of General Services, any entity authorized by law or regulation to use this Contract as an Authorized User and their officers, agents, and employees” as “Loss Payees” for all third party coverage secured. This requirement applies to both primary and excess liability policies, as applicable.  The policy shall not contain a condition requiring an arrest and conviction.  The policy shall include coverage for computer crime/fraud.

  • Xxxx Xxxxx Insurance (a) If an Employee is in receipt of an Incolink benefit and suffers a disability for a period of more than 14 days, they will have access to a benefit under a policy procured by Incolink to reimburse domestic bills which the worker receives and pays during their disablement. (b) This policy will reimburse up to $300 per bill up to a maximum of $6,000 for all bills for any one period of disablement. (c) The Employer will pay a contribution on behalf of each Employee of $1.50 per week per Employee in accordance with the relevant Incolink trust deed or other governing documents.

  • Builder’s Risk Insurance Contractor shall provide a Builder’s Risk Policy to be made payable to the Owner and Contractor, as their interests may appear. The policy amount should be equal to 100% of the Contract Sum, written on a Builder’s Risk “All Risk”, or its equivalent. The policy shall be endorsed as follows: The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: (i) Furniture and equipment may be delivered to the insured premises and installed in place ready for use; and (ii) Partial or complete occupancy by Owner; and (iii) Performance of work in connection with construction operations insured by the Owner, by agents or lessees or other Contractors of the Owner or Using Agency In the event that the Contract is for renovation, addition or modification of an existing structure and Builders Risk Insurance is not available, the Owner will accept an Installation Floater Insurance Policy with the above endorsements in lieu of the Builders' Risk Insurance Policy. Such floater must insure loss to materials and equipment prior to acceptance by Owner and must be on an ALL RISK BASIS with the policy written on a specific job site.

  • Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by CITY's Risk Manager. At the option of CITY, either; the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officer, employees, agents and contractors; or GRANTEE shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the CITY's Risk Manager.

  • Third Party Liability Insurance Article 30 - Discipline