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, including an accident, illness, disease, occurrence or offense, taking place in whole and/or in part prior to the Effective Time, to the extent reasonably possible, Trinity will, or will cause the members of the Trinity Group that are insured thereunder and applicable insurance companies to (i) continue to provide Arcosa and any other member of the Arcosa Group with access to and coverage under the applicable Third Party Shared Policies, and (ii) reasonably cooperate with Arcosa and take commercially reasonable actions as may be necessary or advisable to assist Arcosa in submitting such claims under the applicable Third Party Shared Policies; provided, however, that 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, and neither Trinity, any member of the Trinity Group, nor the insurance company shall be required to maintain such Third Party Shared Policies beyond their current terms. For the avoidance of doubt, for any portion of an insured event taking place after the Effective Time, no payment for any damages, costs of defense, or other sums with respect to such claim shall be available to Arcosa under such Third Party Shared Policies.

Third Party Shared Policies. (a) With respect to Third Party Shared Policies for claims that arise out of insured events, including events with an accident, illness, disease, occurrence or offense, taking place in whole and/or in part date prior to the Effective Time, to the extent reasonably possible, Trinity Dover will, or will cause the applicable insurance companies or members of the Trinity Dover Group that are insured thereunder and applicable insurance companies to (i) continue to provide Arcosa Apergy and any other member of the Arcosa Apergy Group with access to and coverage under the applicable Third Party Shared Policies, and (ii) reasonably cooperate with Arcosa Apergy and take commercially reasonable actions as may be necessary or advisable to assist Arcosa Apergy in submitting such claims under the applicable Third Party Shared Policies; provided, however, provided that Arcosa 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, claims and neither Trinity, any member of the Trinity Group, 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, for any portion of if an insured event taking place 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 Arcosa 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).