No Benefit to Insurer. Notwithstanding Section 1.5(b) or any other provision of this Agreement, it is the intention of the parties that no insurer or any other third party shall be (i) entitled to a benefit it would not be entitled to receive in the absence of the foregoing indemnification provisions, or (ii) relieved of the responsibility to pay any claims for which it is obligated. If the parties believe that the payment of any advance pursuant to Section 1.5(b) has or would have any of the effects described in the previous sentence, then no such advance shall be made and the Indemnifying Party shall not be required to make any payment for indemnification until after resolution of any Insurance Claim in the manner set forth in Section 1.5(a).
Appears in 2 contracts
Samples: Indemnification and Insurance Matters Agreement (Lsi Logic Corp), Indemnification and Insurance Matters Agreement (Lsi Logic Storage Systems Inc)
No Benefit to Insurer. Notwithstanding Section 1.5(b2.3(b) or any other provision of this Agreement, it is the intention of the parties that no insurer or any other third party shall be (i) entitled to a benefit it would not be entitled to receive in the absence of the foregoing indemnification provisions, or (ii) relieved of the responsibility to pay any claims for which it is obligated. If the parties believe that the payment of any advance pursuant to Section 1.5(b2.3(b) has or would have any of the effects described in the previous sentence, then no such advance shall be made and the Indemnifying Party shall not be required to make any payment for indemnification until after resolution of any Insurance Claim in the manner set forth in Section 1.5(a2.3(a).
Appears in 2 contracts
Samples: Contribution and Assumption Agreement, Master Contribution and Assumption Agreement (Acxiom Corp)
No Benefit to Insurer. Notwithstanding Section 1.5(b1.4(b) or any other provision of this Agreement, it is the intention of the parties that no insurer or any other third party shall be (i) entitled to a benefit it would not be entitled to receive in the absence of the foregoing indemnification provisions, or (ii) relieved of the responsibility to pay any claims for which it is obligated. If the parties believe that the payment of any advance pursuant to Section 1.5(b1.4(b) has or would have any of the effects described in the previous sentence, then no such advance shall be made and the Indemnifying Party shall not be required to make any payment for indemnification until after resolution of any Insurance Claim in the manner set forth in Section 1.5(a1.4(a).
Appears in 2 contracts
Samples: Indemnification and Insurance Matters Agreement (Loyalty Alliance Enterprise Corp), Indemnification and Insurance Matters Agreement (Sunpower Corp)
