Great American’s Agreement not to Pursue Other Insurers Sample Clauses

Great American’s Agreement not to Pursue Other Insurers. (a) In consideration of the promises in this Agreement, Great American agrees not to pursue any other insurer for contribution, indemnity, subrogation or any other type of recovery for any amounts Great American paid for the East Waterway/Harbor Island Occurrence or the Lower Duwamish Occurrence, unless another insurer pursues contribution, indemnity, subrogation or any other type of recovery from Great American for any monies that other insurer pays for the East Waterway/Harbor Island Occurrence or Lower Duwamish Occurrence, in which case Great American reserves all rights to assert Claims against such other insurer for amounts Great American pays under this Agreement and any other amounts Great American paid to or on behalf of the Port. (b) Notwithstanding the foregoing Paragraph 3.E.(3)(a), Great American retains its rights, if any, to pursue any claim for contribution, indemnity, subrogation or any other type of recovery against any other insurer of the Port, including U.S. Fire Insurance Company, for any sums Great American has paid or will pay for the T-91 Occurrence, until the time that Great American has paid the Remaining T-91 Occurrence Limit, as defined in Article Two below. Great American agrees that, upon paying the Remaining T-91 Occurrence Limit, Great American shall not pursue any other insurer for contribution, indemnity, subrogation or any other type of recovery for any amounts Great American paid for the T-91 Occurrence, unless another insurer pursues contribution, indemnity, subrogation or any other type of recovery from Great American for any monies that insurer pays for the T-91 Occurrence, in which case Great American reserves all rights to assert Claims against such other insurer for amounts Great American pays under this Agreement and any other amounts Great American paid to or on behalf of the Port. (c) Notwithstanding the foregoing. Great American retains its rights to pursue claims against its reinsurers for any payment made or obligation undertaken in connection with this Agreement.
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