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. (b) With respect to all Third Party Shared Policies, Xxxxxxx agrees and covenants (on behalf of itself and each other member of the Xxxxxxx Group, and each other Affiliate of Xxxxxxx) not to make any claim or assert any rights against Dover and any other member of the Dover Group, or the unaffiliated Third-Party insurers of such Third Party Shared Policies, except as expressly provided under this Section 9.3.

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. (b) With respect to all Third Party Shared Policies, Xxxxxxx Mastech agrees and covenants (on behalf of itself and each other member of the Xxxxxxx Mastech Group, and each other Affiliate of XxxxxxxMastech) not to make any claim or assert any rights against Dover iGATE and any other member of the Dover iGATE Group, or the unaffiliated Thirdthird-Party party insurers of such Third Party Shared Policies, except as expressly provided under this Section 9.38.2.

Third Party Shared Policies. (a) With respect to Third Party Shared Policies for claims that arise out of insured events with events, including an accident, illness, disease, occurrence date or offense, taking place in whole and/or in part prior to the Effective Time, to the extent reasonably possible, Dover Trinity will, or will cause the applicable insurance companies or members of the Dover Trinity Group that are insured thereunder and applicable insurance companies to (i) continue to provide Xxxxxxx Arcosa and any other member of the Xxxxxxx Arcosa Group with access to and coverage under the applicable Third Party Shared Policies, and (ii) reasonably cooperate with Xxxxxxx Arcosa and take commercially reasonable actions as may be necessary or advisable to assist Xxxxxxx Arcosa in submitting such claims under the applicable Third Party Shared Policies; provided, however, that Xxxxxxx Arcosa 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 claims, and neither Dover Trinity, any member of the Trinity Group, 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 for any portion of an occurrence date is insured event taking place 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 Arcosa under such Third Party Shared Policies. (b) With respect to all Third Party Shared Policies, Xxxxxxx Arcosa agrees and covenants (on behalf of itself and each other member of the Xxxxxxx Arcosa Group, and each other Affiliate of XxxxxxxArcosa) not to make any claim or assert any rights against Dover Trinity and any other member of the Dover Trinity Group, or the unaffiliated Third-Third Party insurers of such Third Party Shared Policies, except as expressly provided under this Section 9.39.8.

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, any deductible amounts owed with respect to insurable claims under Dover’s Third Party Policies that arise out of insured events that occurred prior to the Effective Time (regardless of whether such claims arise prior to, as of or following the Effective Time) shall constitute Dover Liabilities up to an aggregate amount for all such claims as set forth on Schedule 1.1(50)(i)(a). (b) With respect to all Third Party Shared Policies, Xxxxxxx Apergy agrees and covenants (on behalf of itself and each other member of the Xxxxxxx Apergy Group, and each other Affiliate of XxxxxxxApergy) not to make any claim or assert any rights against Dover and any other member of the Dover Group, or the unaffiliated Third-Third Party insurers of such Third Party Shared Policies, except as expressly provided under this Section 9.3.

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. (b) With respect to all Third Party Shared Policies, Xxxxxxx Apergy agrees and covenants (on behalf of itself and each other member of the Xxxxxxx Apergy Group, and each other Affiliate of XxxxxxxApergy) not to make any claim or assert any rights against Dover and any other member of the Dover Group, or the unaffiliated Third-Third Party insurers of such Third Party Shared Policies, except as expressly provided under this Section 9.3.

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. (b) With respect to all Third Party Shared Policies, Xxxxxxx Apergy agrees and covenants (on behalf of itself and each other member of the Xxxxxxx Apergy Group, and each other Affiliate of XxxxxxxApergy) not to make any claim or assert any rights against Dover and any other member of the Dover Group, or the unaffiliated Third-Third Party insurers of such Third Party Shared Policies, except as expressly provided under this Section 9.3.