Common use of Insurance Policies and Rights Clause in Contracts

Insurance Policies and Rights. (a) To the extent permitted under the terms of any applicable Insurance Policy, without limiting the availability of subrogation rights as an Indemnifying Party under Section 3.11, the assets of PMI shall include any and all rights of an insured party, including rights of indemnity and the right to be defended by or at the expense of the insurer, and to receive Insurance Proceeds with respect to all Insured PMI Claims under any Insurance Policies. The PMI Group shall be solely responsible for any and all deductibles, self-insured retentions, retrospective premiums, claims handling and other charges owed, including defense costs, under the Insurance Policies with respect to the coverage provided for Insured PMI Claims. (b) To the extent permitted under the terms of any applicable Insurance Policy, without limiting the availability of subrogation rights as an Indemnifying Party under Section 3.11, the assets of Altria shall include any and all rights of an insured party including rights of indemnity and the right to be defended by or at the expense of the insurer, and to receive Insurance Proceeds under any Insurance Policies other than the rights under any Insurance Policies which are solely assets of PMI. The Altria Group shall be solely responsible for any and all deductibles, self-insured retentions, retrospective premiums, claims handling and other charges, including defense costs, owed under the Insurance Policies with respect to the coverage provided for Insured Claims other than Insured PMI Claims. (c) Solely for purposes of this Article VIII, “Altria Group” and “PMI Group” shall include their consolidated entities to the extent such entities were in existence on or prior to the Distribution Date. (d) Nothing in this Agreement is intended to relieve any insurer of any Liability under any Insurance Policy.

Insurance Policies and Rights. (a) To the extent permitted under the terms of any applicable Insurance Policy, without limiting the availability of subrogation rights as an Indemnifying Party under Section 3.113.12, the assets of PMI Kraft shall include any and all rights of an insured party, including rights of indemnity and the right to be defended by or at the expense of the insurer, and to receive Insurance Proceeds with respect to all Insured PMI Kraft Claims under any Insurance Policies. The PMI Kraft Group shall be solely responsible for any and all deductibles, self-insured retentions, retrospective premiums, claims handling and other charges owed, including defense costs, owed under the Insurance Policies with respect to the coverage provided for Insured PMI Kraft Claims. (b) To the extent permitted under the terms of any applicable Insurance Policy, without limiting the availability of subrogation rights as an Indemnifying Party under Section 3.113.12, the assets of Altria shall include any and all rights of an insured party including rights of indemnity and the right to be defended by or at the expense of the insurer, and to receive Insurance Proceeds under any Insurance Policies other than the rights under any Insurance Policies which are solely assets of PMIKraft. The Altria Group shall be solely responsible for any and all deductibles, self-insured retentions, retrospective premiums, claims handling and other charges, including defense costs, owed charges owned under the Insurance Policies with respect to the coverage provided for Insured Claims other than Insured PMI Kraft Claims. (c) Solely for purposes of this Article VIII, “Altria Group” and “PMI Kraft Group” shall include their consolidated entities to the extent such entities were in existence on or prior to the Distribution Date.Date or are set forth on Schedule A. (d) Nothing in this Agreement is intended to relieve any insurer of any Liability under any Insurance Policy.