Common use of Exceeding Policy Limits Clause in Contracts

Exceeding Policy Limits. Where Healthcare Liabilities and/or Electronics Liabilities, as applicable, are specifically covered under the same Shared Policy for occurrences, acts or events prior to the earlier of the Healthcare Distribution Date or the Electronics Distribution Date, regardless of whether the suit or claim is filed or made after the earlier of the Healthcare Distribution Date or the Electronics Distribution Date, then Healthcare and Electronics, or both, as the case may be, may claim coverage for Insured Claims under such 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 as contemplated by Section 11.2, Section 11.3 or Section 11.4(c) hereof), subject to the terms of this Section 11.4. Except as set forth in this Section 11.4, Tyco, Healthcare and Electronics shall not be liable to one another for claims not reimbursed by insurers for any reason not within the control of Tyco, Healthcare or Electronics, as the case may be, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of an insurance carrier, Shared Policy limitations or restrictions, any coverage disputes, any failure to timely claim by Tyco, Healthcare or Electronics or any defect in such claim or its processing. It is expressly understood that the foregoing shall not limit any Party’s liability to any other Party for indemnification pursuant to Article VIII.

Exceeding Policy Limits. Where Healthcare Fountain Liabilities and/or Electronics Liabilities, as applicable, are specifically covered under the same a Shared Policy for occurrences, acts or events prior to the earlier of the Healthcare Distribution Date or the Electronics Distribution Date, regardless of whether the suit or claim is filed or made after the earlier of the Healthcare Distribution Date or the Electronics Fountain Distribution Date, then Healthcare and Electronics, or both, as the case may be, Fountain may claim coverage for Insured Claims under such 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 as contemplated by Section 11.210.2, Section 11.3 10.3 or Section 11.4(c10.4(c) hereof), subject to the terms of this Section 11.410.4. Except as set forth in this Section 11.410.4, Tyco, Healthcare Trident and Electronics Fountain shall not be liable to one another for claims not reimbursed by insurers for any reason not within the control of Tyco, Healthcare Trident or ElectronicsFountain, as the case may be, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of an insurance carrier, Shared Policy limitations or restrictions, any coverage disputes, any failure to timely claim by TycoTrident, Healthcare or Electronics Fountain or any defect in such claim or its processing. It is expressly understood that the foregoing shall not limit any Party’s liability to any other Party for indemnification pursuant to Article VIII.

Exceeding Policy Limits. Where Healthcare ADT North American R/SB Liabilities and/or Electronics Liabilities, as applicable, are specifically covered under the same a Shared Policy for occurrences, acts or events prior to the earlier of the Healthcare Distribution Date or the Electronics Distribution Date, regardless of whether the suit or claim is filed or made after the earlier of the Healthcare Distribution Date or the Electronics ADT NA Distribution Date, then Healthcare and Electronics, or both, as the case may be, ADT NA may claim coverage for Insured Claims under such 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 as contemplated by Section 11.2, Section 11.3 or Section 11.4(c) hereof), subject to the terms of this Section 11.4. Except as set forth in this Section 11.4, Tyco, Healthcare Tyco and Electronics ADT NA shall not be liable to one another for claims not reimbursed by insurers for any reason not within the control of Tyco, Healthcare Tyco or ElectronicsADT NA, as the case may be, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of an insurance carrier, Shared Policy limitations or restrictions, any coverage disputes, any failure to timely claim by Tyco, Healthcare or Electronics ADT NA or any defect in such claim or its processing. It is expressly understood that the foregoing shall not limit any Party’s liability to any other Party for indemnification pursuant to Article VIII.

Exceeding Policy Limits. Where Healthcare Retained Business Liabilities and/or Electronics LDC Liabilities, as applicable, are specifically covered under the same Shared Policy for occurrences, acts or events periods prior to the earlier of the Healthcare Distribution Date or the Electronics Distribution Date, regardless of whether the suit or claim is filed or where such Shared Policies cover claims made after the earlier of the Healthcare Distribution Date with respect to an occurrence or wrongful act committed and/or noticed or reported as applicable wholly prior to the Electronics Distribution Date, then Healthcare from and Electronicsafter the Distribution Date, or both, as a member of the case may be, Parent Group and/or the Spinco Group may claim coverage for Insured Claims under such 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 as contemplated by Section 11.210.2, Section 11.3 10.3, Section 10.4 or Section 11.4(c10.5(c) hereof), subject to the terms of this Section 11.410.5. Except as set forth in this Section 11.410.5, Tyco, Healthcare Parent and Electronics Spinco shall not be liable to one another for claims not reimbursed by insurers for any reason not within the control of Tyco, Healthcare or Electronics, as the case may bereason, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of an insurance carrier, Shared Policy limitations or restrictions, any coverage disputes, any failure to timely claim by Tyco, Healthcare or Electronics Parent and Spinco or any defect in such claim or its processing. It is expressly understood that the foregoing shall not limit any Party’s liability to any other Party Indemnitee for indemnification pursuant to Article VIIIARTICLE VII.

Exceeding Policy Limits. Where Healthcare Liabilities and/or Electronics Liabilities, as applicable, are specifically covered under Shared Policies cover claims made after the same Shared Policy for occurrences, acts Distribution Date with respect to an occurrence or events wrongful act prior to the earlier of the Healthcare Distribution Date or the Electronics Distribution Date, regardless of whether the suit or claim is filed or made after the earlier of the Healthcare Distribution Date or the Electronics Distribution Date, then Healthcare from and Electronicsafter the Distribution Date, or both, as the case may be, SpinCo may claim coverage for Insured Claims under such 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 as contemplated by Section 11.210.2, Section 11.3 10.3 or Section 11.4(c10.4(c) hereof), subject to the terms of this Section 11.410.4. Except as set forth in this Section 11.410.4, Tyco, Healthcare RemainCo and Electronics SpinCo shall not be liable to one another for claims not reimbursed by insurers for any reason not within the control of Tyco, Healthcare RemainCo or ElectronicsSpinCo, as the case may be, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of an insurance carrier, Shared Policy limitations or restrictions, any coverage disputes, any failure to timely claim by Tyco, Healthcare RemainCo or Electronics SpinCo or any defect in such claim or its processing. It is expressly understood that the foregoing shall not limit any either Party’s liability to any the other Party for indemnification pursuant to Article VIIIVII.