Common use of Subrogation Rights Clause in Contracts

Subrogation Rights. 9.01.01 All members covered by Plans provided for in this Agreement do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plans, all rights of recovery against any person (including the City itself, or any person for whom whose actions the City is vicariously liable) whose action caused or contributed to an occurrence giving rise to the Plans making payments to any members or their dependents. The City shall thereby subrogate to any rights members or their dependents may have against any such responsible party, for any amounts paid pursuant to the said Plans or for which the Plans have assumed liability. When the net amount recovered is, after deduction of the costs of recovery, not sufficient to provide complete indemnity for the loss suffered, the amount remaining shall be divided between the City and the member in the proportion by which the loss has been borne by them. 9.01.01.01 No member or dependent on whose behalf 9.01.02 The members, on their own and on their dependents' behalf, agree that the said subrogation rights of the City may be exercised by the City bringing action for recovery in the name of the member and/or dependent of the member directly against the responsible party or by the City assigning its rights of subrogation to the member or the member's dependent in care of the solicitor representing such 9.01.03 The City shall pay into the appropriate Plan or Plans any monies received as a result of exercising the aforesaid subrogation rights less legal fees and costs incurred and the member's status and/or entitlement within the affected Plan shall be restored to the extent of such monies returned to the Plan.

Subrogation Rights. ‌ 9.01.01 All members covered by Plans provided for in this Agreement do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plans, all rights of recovery against any person (including the City itself, or any person for whom whose actions the City is vicariously liable) whose action caused or contributed to an occurrence giving rise to the Plans making payments to any members or their dependents. The City shall thereby subrogate to any rights members or their dependents may have against any such responsible party, for any amounts paid pursuant to the said Plans or for which the Plans have assumed liability. When the net amount recovered is, after deduction of the costs of recovery, not sufficient to provide complete indemnity for the loss suffered, the amount remaining shall be divided between the City and the member in the proportion by which the loss has been borne by them. 9.01.01.01 No member or dependent on whose behalfbehalf such occurrence has given rise to payments being made under any Plan shall enter into any action for recovery without first notifying the Plan Administrator. In the event that a member is successful in recovery for such action and the Plan Administrator has not been given notification, then the City shall recover, from the member, any amounts paid pursuant to such Plans or recover, from the member, any amounts paid pursuant to such Plans or amounts for which the Plans have assumed liability including the costs incurred as a measure of obtaining recovery from the member. 9.01.02 The members, on their own and on their dependents' behalf, agree that the said subrogation rights of the City may be exercised by the City bringing action for recovery in the name of the member and/or dependent of the member directly against the responsible party or by the City assigning its rights of subrogation to the member or the member's dependent in care of the solicitor representing suchsuch member or member's dependent. Such assignment will be on the basis that the City shall not be obliged to pay, by way of legal fees and costs in connection with collecting monies paid to the member by the Plans, an amount exceeding 15 percent of such claim. 9.01.03 The City shall pay into the appropriate Plan or Plans any monies received as a result of exercising the aforesaid subrogation rights less legal fees and costs incurred and the member's status and/or entitlement within the affected Plan shall be restored to the extent of such monies returned to the Plan.

Subrogation Rights. 9.01.01 All members covered by Plans In consideration of coverage pursuant to the terms of the plans provided for in this Agreement Agreement, all members covered by the said plans do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plans, all rights of recovery against any person or persons (including the City itself, or any person for whom whose actions the City is vicariously liable"responsible party") whose action caused or contributed to an occurrence giving rise to the Plans plans making payments to any members such member or their dependents. The To the extent that the payments made by the plans were caused by the conduct of the responsible party, the City shall thereby subrogate be subrogated to any rights members the member or their dependents may have against any such responsible party, party for any amounts paid pursuant to the said Plans plans or for which the Plans plans have assumed liability. When This article shall apply even where the net amount recovered is, after deduction responsible party is the City or a person or persons for whom the City is vicariously liable. 10.01.01 If liability between the member or their dependent and the responsible party has been apportioned as between them (whether by judgment/order of the costs of recovery, not sufficient to provide complete indemnity for Court or by agreement as between the loss sufferedparties) or if causation has been attributed between the parties, the amount remaining City's recovery of any amounts paid or to be paid under the said plans shall be divided between reduced by the City and percentage of liability apportioned or causation attributed to the member in or the proportion by which member’s dependent. The member or the loss has been borne by themmember’s dependent shall not enter into any agreement apportioning liability or attributing causation that will affect the City's claim without first obtaining the City's prior written consent. The City shall not unreasonably withhold that consent. 9.01.01.01 No member or dependent on whose behalf 9.01.02 10.01.02 The members, on their own and on their dependents' behalf, agree that the said subrogation rights of the City may be exercised exercise its Subrogation Rights by the City bringing an action for recovery in the name of the member and/or or their dependent of the member or both directly against the any responsible party or by party. Alternatively, the City assigning may assign its rights of subrogation Subrogation Rights to the member or the member's dependent in care of the solicitor representing suchsuch member or member's dependent and the member or member's dependents will advance a claim on behalf of the City in accordance this clause. Such assignment will be on the basis that the City shall not be obliged to pay, by way of legal fees and costs in connection with collecting monies paid to the member by the plans, an amount exceeding fifteen (15) percent of the amount recovered on behalf of the City. 9.01.03 10.01.03 The City shall pay into the appropriate Plan plan or Plans plans any monies received as a result of exercising the aforesaid subrogation rights less legal fees and costs incurred and the member's status and/or entitlement within the affected Plan shall be restored to the extent of such monies returned to the Plan.

Subrogation Rights. 9.01.01 All members covered by Plans In consideration of coverage pursuant to the terms of the plans provided for in this Agreement Agreement, all members covered by the said plans do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plans, all rights of recovery against any person or persons (including the City itself, or any person for whom whose actions the City is vicariously liable"responsible party") whose action caused or contributed to an occurrence giving rise to the Plans plans making payments to any members such member or their dependents. The To the extent that the payments made by the plans were caused by the conduct of the responsible party, the City shall thereby subrogate be subrogated to any rights members the member or their the member's dependents may have against any such responsible party, party for any amounts paid pursuant to the said Plans plans or for which the Plans plans have assumed liability. When This article shall apply even where the net amount recovered is, after deduction responsible party is the City or a person or persons for whom the City is vicariously liable. 11.01.01 If liability between the member or the member's dependent and the responsible party has been apportioned as between them (whether by judgment/order of the costs of recovery, not sufficient to provide complete indemnity for Court or by agreement as between the loss sufferedparties) or if causation has been attributed between the parties, the amount remaining City's recovery of any amounts paid or to be paid under the said plans shall be divided between reduced by the City and percentage of liability apportioned or causation attributed to the member in or the proportion by which member's dependent. The member or the loss has been borne by themmember's dependent shall not enter into any agreement apportioning liability or attributing causation that will affect the City's claim without first obtaining the City's prior written consent. The City shall not unreasonably withhold that consent. 9.01.01.01 No member or dependent on whose behalf 9.01.02 11.01.02 The members, on their own and on their dependents' behalf, agree that the said subrogation rights of the City may be exercised exercise its Subrogation Rights by the City bringing an action for recovery in the name of the member and/or or the member's dependent of the member or both directly against the any responsible party or by party. Alternatively, the City assigning may assign its rights of subrogation Subrogation Rights to the member or the member's dependent in care of the solicitor representing suchsuch member or member's dependent and the member or member's dependents will advance a claim on behalf of the City in accordance this clause. Such assignment will be on the basis that the City shall not be obliged to pay, by way of legal fees and costs in connection with collecting monies paid to the member by the plans, an amount exceeding fifteen percent (15%) of the amount recovered on behalf of the City. 9.01.03 11.01.03 The City shall pay into the appropriate Plan plan or Plans plans any monies received as a result of exercising the aforesaid subrogation rights less legal fees and costs incurred and the member's status and/or entitlement within the affected Plan shall be restored to the extent of such monies returned to the Plan.

Subrogation Rights. 9.01.01 28.01.01 All members covered by Plans plans provided for in this Agreement do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plansplans, all rights of or recovery against any person (including the City itself, or any person for whom whose actions the City is vicariously liable) whose action caused or contributed to an occurrence giving rise to the Plans plans making payments to any members such member or their dependents. The City shall thereby subrogate to any rights members the member or their dependents may have against any such the responsible party, for any amounts paid pursuant to the said Plans plans or for which the Plans plans have assumed liability. When the net amount recovered is, after deduction of the costs of recovery, not sufficient to provide complete indemnity for the loss suffered, the amount remaining shall be divided between the City and the member in the proportion by which the loss has been borne by them. 9.01.01.01 No member or dependent on whose behalf 9.01.02 28.01.02 The members, on their own and on their dependents' ’ behalf, agree that the said subrogation rights of the City may be exercised by the City bringing action for recovery in the name of the member and/or dependent of the member directly against the responsible party or by the City assigning its rights of subrogation to the member or the member's ’s dependent in care of the solicitor representing such 9.01.03 The such member or member’s dependent. Such assignment will be on the basis that the City shall pay into the appropriate Plan or Plans any monies received as a result not be obliged to pay, by way of exercising the aforesaid subrogation rights less legal fees and costs incurred and the member's status and/or entitlement within the affected Plan shall be restored in connection with collecting monies paid to the extent member by the plans, an amount exceeding 15% of such monies returned to the Planclaim.

Subrogation Rights. 9.01.01 All members covered by Plans In consideration of coverage pursuant to the terms of the plans provided for in this Agreement Agreement, all members covered by the said plans do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plans, all rights of recovery against any person or persons (including the City itself, or any person for whom whose actions the City is vicariously liable"responsible party") whose action caused or contributed to an occurrence giving rise to the Plans plans making payments to any members such member or their his dependents. The To the extent that the payments made by the plans were caused by the conduct of the responsible party, the City shall thereby subrogate be subrogated to any rights members the member or their his dependents may have against any such responsible party, party for any amounts paid pursuant to the said Plans plans or for which the Plans plans have assumed liability. When This article shall apply even where the net amount recovered is, after deduction responsible party is the City or a person or persons for whom the City is vicariously liable. 10.01.01 If liability between the member or his dependent and the responsible party has been apportioned as between them (whether by judgment/order of the costs of recovery, not sufficient to provide complete indemnity for Court or by agreement as between the loss sufferedparties) or if causation has been attributed between the parties, the amount remaining City's recovery of any amounts paid or to be paid under the said plans shall be divided between reduced by the City and percentage of liability apportioned or causation attributed to the member in or his dependent. The member or his dependent shall not enter into any agreement apportioning liability or attributing causation that will affect the proportion by which City's claim without first obtaining the loss has been borne by themCity's prior written consent. The City shall not unreasonably withhold that consent. 9.01.01.01 No member or dependent on whose behalf 9.01.02 10.01.02 The members, on their own and on their dependents' behalf, agree that the said subrogation rights of the City may be exercised exercise its Subrogation Rights by the City bringing an action for recovery in the name of the member and/or or his dependent of the member or both directly against the any responsible party or by party. Alternatively, the City assigning may assign its rights of subrogation Subrogation Rights to the member or the member's dependent in care of the solicitor representing suchsuch member or member's dependent and the member or member's dependents will advance a claim on behalf of the City in accordance this clause. Such assignment will be on the basis that the City shall not be obliged to pay, by way of legal fees and costs in connection with collecting monies paid to the member by the plans, an amount exceeding fifteen (15) percent of the amount recovered on behalf of the City. 9.01.03 10.01.03 The City shall pay into the appropriate Plan plan or Plans plans any monies received as a result of exercising the aforesaid subrogation rights less legal fees and costs incurred and the member's status and/or entitlement within the affected Plan shall be restored to the extent of such monies returned to the Plan.

Subrogation Rights. 9.01.01 10.01.01 All members covered by Plans plans provided for in this Agreement do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plansplans, all rights of or recovery against any person (including the City itself, or any person for whom whose actions the City is vicariously liable) whose action caused or contributed to an occurrence giving rise to the Plans plans making payments to any members such member or their his/her dependents. The City shall thereby subrogate to any rights members the member or their his/her dependents may have against any such the responsible party, for any amounts paid pursuant to the said Plans plans or for which the Plans plans have assumed liability. When the net amount recovered is, after deduction of the costs of recovery, not sufficient to provide complete indemnity for the loss suffered, the amount remaining shall be divided between the City and the member in the proportion by which the loss has been borne by them. 9.01.01.01 No member or dependent on whose behalf 9.01.02 10.01.02 The members, on their own and on their dependents' ’ behalf, agree that the said subrogation rights of the City may be exercised by the City bringing action for recovery in the name of the member and/or dependent of the member directly against the responsible party or by the City assigning its rights of subrogation to the member or the member's ’s dependent in care of the solicitor representing such 9.01.03 The such member or member’s dependent. Such assignment will be on the basis that the City shall pay into the appropriate Plan or Plans any monies received as a result not be obliged to pay, by way of exercising the aforesaid subrogation rights less legal fees and costs incurred and the member's status and/or entitlement within the affected Plan shall be restored in connection with collecting monies paid to the extent member by the plans, an amount exceeding fifteen (15) percent of such monies returned to the Planclaim.

Subrogation Rights. 9.01.01 All members covered by Plans In consideration of coverage pursuant to the terms of the plans provided for in this Agreement Agreement, all members covered by the said plans do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plans, all rights of recovery against any person or persons (including the City itself, or any person for whom whose actions the City is vicariously liable"responsible party") whose action caused or contributed to an occurrence giving rise to the Plans plans making payments to any members such member or their dependents. The To the extent that the payments made by the plans were caused by the conduct of the responsible party, the City shall thereby subrogate be subrogated to any rights members the member or their the member's dependents may have against any such responsible party, party for any amounts paid pursuant to the said Plans plans or for which the Plans plans have assumed liability. When This article shall apply even where the net amount recovered is, after deduction responsible party is the City or a person or persons for whom the City is vicariously liable. 01.01 If liability between the member or the member's dependent and the responsible party has been apportioned as between them (whether by judgment/order of the costs of recovery, not sufficient to provide complete indemnity for Court or by agreement as between the loss sufferedparties) or if causation has been attributed between the parties, the amount remaining City's recovery of any amounts paid or to be paid under the said plans shall be divided between reduced by the City and percentage of liability apportioned or causation attributed to the member in or the proportion by which member's dependent. The member or the loss has been borne by themmember's dependent shall not enter into any agreement apportioning liability or attributing causation that will affect the City's claim without first obtaining the City's prior written consent. The City shall not unreasonably withhold that consent. 9.01.01.01 No member or dependent on whose behalf 9.01.02 01.02 The members, on their own and on their dependents' behalf, agree that the said subrogation rights of the City may be exercised exercise its Subrogation Rights by the City bringing an action for recovery in the name of the member and/or or the member's dependent of the member or both directly against the any responsible party or by party. Alternatively, the City assigning may assign its rights of subrogation Subrogation Rights to the member or the member's dependent in care of the solicitor representing such 9.01.03 The such member or member's dependent and the member or member's dependents will advance a claim on behalf of the City in accordance this clause. Such assignment will be on the basis that the City shall pay into the appropriate Plan or Plans any monies received as a result not be obliged to pay, by way of exercising the aforesaid subrogation rights less legal fees and costs incurred and the member's status and/or entitlement within the affected Plan shall be restored in connection with collecting monies paid to the extent member by the plans, an amount exceeding fifteen percent (15%) of such monies returned to the Planamount recovered on behalf of the City.

Subrogation Rights. 9.01.01 All members covered by Plans provided for in this Agreement do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plans, all rights of recovery against any person (including the City itself, or any person for whom whose actions the City is vicariously liable) whose action caused or contributed to an occurrence giving rise to the Plans making payments to any members or their dependents. The City shall thereby subrogate to any rights members or their dependents may have against any such responsible party, for any amounts paid pursuant to the said Plans or for which the Plans have assumed liability. When the net amount recovered is, after deduction of the costs of recovery, not sufficient to provide complete indemnity for the loss suffered, the amount remaining shall be divided between the City and the member in the proportion by which the loss has been borne by them. 9.01.01.01 No member or dependent on whose behalfbehalf such occurrence has given rise to payments being made under any Plan shall enter into any action for recovery without first notifying the Plan Administrator. In the event that a member is successful in recovery for such action and the Plan Administrator has not been given notification, then the City shall recover, from the member, any amounts paid pursuant to such Plans or recover, from the member, any amounts paid pursuant to such Plans or amounts for which the Plans have assumed liability including the costs incurred as a measure of obtaining recovery from the member. 9.01.02 The members, on their own and on their dependents' behalf, agree that the said subrogation rights of the City may be exercised by the City bringing action for recovery in the name of the member and/or dependent of the member directly against the responsible party or by the City assigning its rights of subrogation to the member or the member's dependent in care of the solicitor representing suchsuch member or member's dependent. Such assignment will be on the basis that the City shall not be obliged to pay, by way of legal fees and costs in connection with collecting monies paid to the member by the Plans, an amount exceeding 15 percent of such claim. 9.01.03 The City shall pay into the appropriate Plan or Plans any monies received as a result of exercising the aforesaid subrogation rights less legal fees and costs incurred and the member's status and/or entitlement within the affected Plan shall be restored to the extent of such monies returned to the Plan.

Subrogation Rights. 9.01.01 10.01.01 All members covered by Plans plans provided for in this Agreement do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plansplans, all rights of or recovery against any person (including the City itself, or any person for whom whose actions the City is vicariously liable) whose action caused or contributed to an occurrence giving rise to the Plans plans making payments to any members such member or their dependents. The City shall thereby subrogate to any rights members the member or their dependents may have against any such the responsible party, for any amounts paid pursuant to the said Plans plans or for which the Plans plans have assumed liability. When the net amount recovered is, after deduction of the costs of recovery, not sufficient to provide complete indemnity for the loss suffered, the amount remaining shall be divided between the City and the member in the proportion by which the loss has been borne by them. 9.01.01.01 No member or dependent on whose behalf 9.01.02 10.01.02 The members, on their own and on their dependents' ’ behalf, agree that the said subrogation rights of the City may be exercised by the City bringing action for recovery in the name of the member and/or dependent of the member directly against the responsible party or by the City assigning its rights of subrogation to the member or the member's ’s dependent in care of the solicitor representing such 9.01.03 The such member or member’s dependent. Such assignment will be on the basis that the City shall pay into the appropriate Plan or Plans any monies received as a result not be obliged to pay, by way of exercising the aforesaid subrogation rights less legal fees and costs incurred and the member's status and/or entitlement within the affected Plan shall be restored in connection with collecting monies paid to the extent member by the plans, an amount exceeding 15% of such monies returned to the Planclaim.