Common use of Third Party Shared Policies Clause in Contracts

Third Party Shared Policies. (a) With respect to Third Party Shared Policies for claims that arise out of insured events with an occurrence date prior to the Effective Time, to the extent reasonably possible, Dover will, or will cause the applicable insurance companies or members of the Dover Group that are insured thereunder to (i) continue to provide Xxxxxxx and any other member of the Xxxxxxx Group with access to and coverage under the applicable Third Party Shared Policies, and (ii) reasonably cooperate with Xxxxxxx and take commercially reasonable actions as may be necessary or advisable to assist Xxxxxxx in submitting such claims under the applicable Third Party Shared Policies; provided, that Xxxxxxx shall be responsible for any and all applicable deductibles, self-insured retentions, retrospective premiums, claims-handling charges, co-payments or any other charge or fee legally due and owing relating to such claims and neither Dover nor the insurance company or member of the Dover Group shall be required to maintain such Third Party Shared Policies beyond their current terms. For the avoidance of doubt, if an occurrence date is after the Effective Time, then no payment for any damages, costs of defense, or other sums with respect to such claim shall be available to Xxxxxxx under such Third Party Shared Policies.

Appears in 4 contracts

Samples: Separation and Distribution Agreement (Knowles Corp), Separation and Distribution Agreement (DOVER Corp), Separation and Distribution Agreement (Knowles Corp)

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Third Party Shared Policies. (a) With Except as provided in any Ancillary Agreement, with respect to Third Party Shared Policies of workers’ compensation, automobile liability, general/product liability, excess/umbrella liability, directors and officers, crime or fiduciary liability for claims that arise out of insured events with an occurrence date prior to the Effective Time, to the extent reasonably possible, Dover iGATE will, or will cause the applicable insurance companies or members of the Dover iGATE Group that are insured thereunder to (i) continue to provide Xxxxxxx Mastech and any other member of the Xxxxxxx Mastech Group with access to and coverage under the applicable Third Party Shared Policies, and (ii) reasonably cooperate with Xxxxxxx Mastech and take commercially reasonable actions as may be necessary or advisable to assist Xxxxxxx Mastech in submitting such claims under the applicable Third Party Shared Policies; provided, that Xxxxxxx shall be responsible for any and all applicable deductibles, self-insured retentions, retrospective premiums, claims-handling charges, co-payments or any other charge or fee legally due and owing relating to such claims and neither Dover iGATE nor the insurance company or member of the Dover iGATE Group shall be required to maintain such Third Party Shared Policies beyond their current terms. For the avoidance of doubt, if an occurrence date is after the Effective TimeTime for which coverage is otherwise available under Mastech’s own Policies, then no payment for any damages, costs of defense, or other sums with respect to such claim shall be available to Xxxxxxx Mastech under such Third Party Shared Policies.

Appears in 3 contracts

Samples: Separation and Distribution Agreement (Igate Corp), Separation and Distribution Agreement (Mastech Holdings, Inc.), Separation and Distribution Agreement (Mastech Holdings, Inc.)

Third Party Shared Policies. (a) With respect to Third Party Shared Policies for claims that arise out of insured events with an occurrence date prior to the Effective Time, to the extent reasonably possible, Dover will, or will cause the applicable insurance companies or members of the Dover Group that are insured thereunder to (i) continue to provide Xxxxxxx Apergy and any other member of the Xxxxxxx Apergy Group with access to and coverage under the applicable Third Party Shared Policies, and (ii) reasonably cooperate with Xxxxxxx Apergy and take commercially reasonable actions as may be necessary or advisable to assist Xxxxxxx Apergy in submitting such claims under the applicable Third Party Shared Policies; provided, provided that Xxxxxxx Apergy shall be responsible for any and all applicable deductibles, self-insured retentions, retrospective premiums, claims-handling charges, co-payments or any other charge or fee legally due and owing relating to such claims and neither Dover nor the insurance company or member of the Dover Group shall be required to maintain such Third Party Shared Policies beyond their current terms. For the avoidance of doubt, if an occurrence date is after the Effective Time, then no payment for any damages, costs of defense, or other sums with respect to such claim shall be available to Xxxxxxx Apergy under such Third Party Shared Policies. For the avoidance of doubt, Schedule 1.1(50)(i)(a) sets forth certain known existing claims for which there are existing reserves as of the date of this Agreement, which claims constitute Dover Liabilities up to the amount set forth directly across each such claim under the heading “Total Incurred” on such schedule.

Appears in 1 contract

Samples: Separation and Distribution Agreement (Apergy Corp)

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Third Party Shared Policies. (a) With respect to Third Party Shared Policies for claims that arise out of insured events with an occurrence date prior to the Effective Time, to the extent reasonably possible, Dover will, or will cause the applicable insurance companies or members of the Dover Group that are insured thereunder to (i) continue to provide Xxxxxxx Apergy and any other member of the Xxxxxxx Apergy Group with access to and coverage under the applicable Third Party Shared Policies, and (ii) reasonably cooperate with Xxxxxxx Apergy and take commercially reasonable actions as may be necessary or advisable to assist Xxxxxxx Apergy in submitting such claims under the applicable Third Party Shared Policies; provided, provided that Xxxxxxx Apergy shall be responsible for any and all applicable deductibles, self-insured retentions, retrospective premiums, claims-handling charges, co-payments or any other charge or fee legally due and owing relating to such claims and neither Dover nor the insurance company or member of the Dover Group shall be required to maintain such Third Party Shared Policies beyond their current terms. For the avoidance of doubt, if an occurrence date is after the Effective Time, then no payment for any damages, costs of defense, or other sums with respect to such claim shall be available to Xxxxxxx Apergy under such Third Party Shared Policies.

Appears in 1 contract

Samples: Separation and Distribution Agreement (Apergy Corp)

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