Allocation of Recoveries. (a) If more than one of the parties hereto is damaged in a single loss for which recovery is received under the policy, each such party shall receive that portion of the recovery which represents the loss sustained by that party, unless the recovery is inadequate to fully indemnify such party sustaining loss.
(b) If the recovery is inadequate to fully indemnify each such party sustaining a loss, the recovery shall be allocated among such parties as follows:
(i) Each Party sustaining a loss shall be allocated an amount equal to the lesser of its actual loss or the minimum amount of policy which would be required to be maintained by such party under a single insured policy (determined as of the time of loss) in accordance with the provisions of Rule 17d-1(d)(7).
(ii) The remaining portion of the proceeds shall be allocated to each party sustaining a loss not fully covered by the allocation under subparagraph (i) in the proportion that each such party's last payment of premium bears to the sum of the last such premium payments of all such parties. If such allocation would result in any party which had sustained a loss receiving a portion of the recovery in excess of the loss actually sustained, such excess portion shall be allocated among the other parties whose losses would not be fully indemnified. The allocation shall bear the same proportion as each such party's last payment of premium bears to the sum of the last premium payments of all parties entitled to receive a share of the excess. Any allocation in excess of a loss actually sustained by any such party shall be reallocated in the same manner.
Allocation of Recoveries. A. In the event of a separate loss or losses under the Joint Insured Bond, the party suffering a loss or losses shall be entitled to be indemnified up to the full amount of the Joint Insured Bond.
B. If more than one party is damaged in a single loss or occurrence for which recovery is received under the Joint Insured Bond, each such party shall receive that portion of the recovery which represents the loss sustained by that party, unless the recovery is inadequate to fully indemnify each party sustaining a loss.
C. If the recovery is inadequate to fully indemnify each party sustaining a loss, the recovery shall be allocated among the parties as follows:
(i) Each party sustaining a loss shall be allocated an amount equal to the lesser of its actual loss or at least equal to the amount which it would have received had it provided and maintained a single insured bond with the minimum coverage as set forth in Exhibit A as attached.
(ii) The remaining portion of the recovery shall be allocated to each party sustaining a loss not fully indemnified by the allocation under subparagraph (i) above, in ratio of the premium paid by each such party to the premium paid by all parties.
Allocation of Recoveries. If more than one of the parties hereto is damaged in a single loss for which recovery is received under the Fidelity Bond, each such party shall receive that portion of the recovery which represents the loss sustained by that party, unless the recovery is inadequate to indemnify fully such party sustaining a loss.
Allocation of Recoveries. Recoveries received before indemnification is triggered by Us are for your account and shall reduce the Debt. Such Recoveries shall be allocated in chronological order of the relevant Due Dates, any different allocation provided by third parties will not be binding on Us. Recoveries received after indemnification is triggered by Us are for our account up to the amount of the indemnity paid with respect to the Debt, and the balance will be for your account up to the amount of the Debt. Should the total amount of Recoveries received before or after indemnification is triggered by Us exceed the total amount of the Debt, the excess shall be allocated between You and Us to set off the Collection Expenses incurred respectively by You and Us. The trigger date of the indemnification shall be set forth in our statement of indemnification sent to You.
Allocation of Recoveries. Any settlements, damages or monetary awards (collectively, a “Recovery”) recovered by either Party pursuant to any Infringement Response shall, after reimbursing the Parties for their reasonable out-of-pocket expenses in making such recovery (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses) be allocated as follows:
(a) to the extent such Infringement Response is instituted by Kiniksa, [***]; provided, that, [***]; and (b) [***].
Allocation of Recoveries. 1. With the exception of up to 8% for administrative costs, or unless otherwise limited by Court Order, all Recoveries must be used for Approved Purposes.
2. Any Recovery, after deduction of Lead Litigator Costs, unless otherwise limited by Court Order, and the Federal Government CMS Medicaid Costs, if and only if applicable, shall be divided into percentages and allocated within these percentages as follows: (pie chart for illustrative purposes) State of Nevada 43.86% Local Governments 38.77% Medicaid Match 17.37%
Allocation of Recoveries. Any recoveries resulting from enforcement action relating to a claim of Infringement shall be [***].
Allocation of Recoveries. Any amounts recovered by either Party pursuant to actions under Sections 10.2.1(a)(iii) or (iv) or 10.2.1(b) with respect to any Infringement through the development or sale of a Compound or Product, whether by settlement or judgment, shall be allocated in the following order: (i) first, to reimburse Enanta and Xxxxxx for their reasonable out-of-pocket expenses in making such recovery (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses); and (ii) then, to Enanta and Xxxxxx in the same proportion as Xxxxxx’x historic profits on Net Sales of the Product or Products affected by the Infringement bears to Xxxxxx’x historic royalties hereunder in respect of such Net Sales, in each case as determined in good faith.
Allocation of Recoveries. Recoveries received before the indemnification is triggered by Us are for your account and shall reduce the Debt. Such Recoveries shall be allocated in the chronological order of the relevant Due Dates, any different allocation provided by third parties will not be binding to Us. Recoveries received after the indemnification is triggered by Us are for our account up to the amount of the indemnity paid with respect to the Debt, and the balance will be for your account up to the amount of the Debt. Should the total amount of Recoveries received before or after the indemnification is trig- gered by Us exceed the total amount of the Debt, the excess shall be allocated between You and Us to set off the Collection Expenses incurred respectively by You and Us. The date of trigger by Us of the indemnification shall be set forth in our statement of indemnification sent to You. Definitions Notification of Overdue Account: notification of the Overdue Account pursuant to article 3.1.1 above.
Allocation of Recoveries. Any recoveries resulting from enforcement action relating to a claim of Infringement shall be first applied against payment of each Party’s costs and expenses in connection therewith. The enforcing Party will retain any such recoveries in excess of such costs and expenses, provided that if Lilly is the enforcing Party, then such excess recoveries are deemed [* * *].
