Common use of Administration Other Matters Clause in Contracts

Administration Other Matters. (a) From and after the Time of Distribution, SNFCo shall be responsible for (i) Insurance Administration of the Company Policies and (ii) Claims Administration under such Company Policies with respect to Institutional Pharmacy Liabilities and Skilled Nursing Liabilities that relate to claims asserted prior to the Distribution Date and SNFCo shall be responsible for any premiums, deductibles and retentions in respect of such Company Policies and the cost of any such claims shall be the sole responsibility and obligation of SNFCo including, without limitation, claims (and related costs and expenses) that exceed the limits of the applicable Company Policy or where the limits of the applicable Company Policy have been exhausted, and any resulting actuarial gains or losses shall inure solely to SNFCo. From and after the Time of Distribution, GranCare shall file with SNFCo all claims asserted subsequent to the Time of Distribution that relate to occurrences prior to the Time of Distribution arising out of or in connection with the Institutional Pharmacy Business and SNFCo shall be responsible for notifying the appropriate insurance carrier and providing GranCare with copies of all correspondence relating to such notification. Thereafter, GranCare shall be responsible for Claims Administration relating to all such claims wherein SNFCo shall not be named as a co-defendant and GranCare shall provide SNFCo with copies of all correspondence, documents and other materials that may be material to an understanding by SNFCo of the status of such claims; it being expressly acknowledged and agreed that SNFCo's retention of the administrative responsibilities for submitting notices of claims under the appropriate Company Policies shall not relieve GranCare of the primary responsibility for reporting such Insured Claim accurately, completely and in a timely manner. Subject to the indemnification provisions of Article III, each of the parties hereto shall administer and pay any costs relating to defending its respective Insured Claims under Company Policies to the extent such defense costs are not covered under such Company Policies and shall be responsible for obtaining or reviewing the appropriateness of releases upon settlement of its respective Insured Claims under Company Policies. (b)

Administration Other Matters. (a) ADMINISTRATION. From and after the Time of DistributionDistribution Date, SNFCo IMPCO shall be responsible for (i) Insurance Administration of the Company Shared Policies and (ii) Claims Administration under such Company Shared Policies with respect to Institutional Pharmacy Liabilities Insured Claims of IMPCO and Skilled Nursing Liabilities Insured Claims of Quantum; provided that relate the assumption of such responsibilities by IMPCO is in no way intended to claims asserted prior limit, inhibit or preclude any right to the Distribution Date and SNFCo shall be responsible insurance coverage for any premiums, deductibles and retentions in respect Insured Claim of a named insured under such Company Policies and as contemplated by the cost terms of any such claims shall be the sole responsibility and obligation of SNFCo including, without limitation, claims (and related costs and expenses) this Agreement; provided further that exceed the limits of the applicable Company Policy or where the limits of the applicable Company Policy have been exhausted, and any resulting actuarial gains or losses shall inure solely to SNFCo. From and after the Time of Distribution, GranCare shall file with SNFCo all claims asserted subsequent to the Time of Distribution that relate to occurrences prior to the Time of Distribution arising out of or in connection with the Institutional Pharmacy Business and SNFCo shall be responsible for notifying the appropriate insurance carrier and providing GranCare with copies of all correspondence relating to such notification. Thereafter, GranCare shall be responsible for Claims Administration relating to all such claims wherein SNFCo shall not be named as a co-defendant and GranCare shall provide SNFCo with copies of all correspondence, documents and other materials that may be material to an understanding by SNFCo of the status of such claims; it being expressly acknowledged and agreed that SNFCoIMPCO's retention assumption of the administrative responsibilities for submitting notices of claims under the appropriate Company Shared Policies shall not relieve GranCare the party submitting any Insured Claim of the primary responsibility for reporting such Insured Claim accurately, completely and in a timely manner. Subject manner or of such party's authority to settle any such Insured Claim within any period permitted or required by the relevant Policy; and provided further that all direct or indirect communication with insurers relating to the indemnification provisions Shared Policies shall be conducted by IMPCO. IMPCO may discharge its administrative responsibilities under this Section 8.2 by contracting for the provision of Article III, each services by independent parties. Each of the parties hereto shall administer and pay any costs relating to defending its respective Insured Claims under Company Shared Policies to the extent such defense costs are not covered under such Company Policies and shall be responsible for obtaining or reviewing the appropriateness of releases upon settlement of its respective Insured Claims under Company Shared Policies. (b)The disbursements, out-of-pocket expenses and direct and indirect costs of employees or agents of IMPCO relating to Claims Administration and Insurance Administration contemplated by this Section 8.2(a) shall be for Quantum's account if they relate to Insured Claims of Quantum and for IMPCO's account if they relate to Insured Claims of IMPCO.

Administration Other Matters. (a) ADMINISTRATION. From and after the Time of DistributionDistribution Date, SNFCo IMS shall be responsible for (i) Insurance Administration of the Company Shared Policies and (ii) Claims Administration under such Company Shared Policies with respect to Institutional Pharmacy IMS Liabilities and Skilled Nursing Liabilities ST Liabilities; PROVIDED that relate the assumption of such responsibilities by IMS is in no way intended to claims asserted prior limit, inhibit or preclude any right to the Distribution Date and SNFCo shall be responsible insurance coverage for any premiums, deductibles and retentions in respect Insured Claim of a named insured under such Company Policies and as contemplated by the cost terms of any such claims shall be the sole responsibility and obligation of SNFCo including, without limitation, claims (and related costs and expenses) this Agreement; PROVIDED FURTHER that exceed the limits of the applicable Company Policy or where the limits of the applicable Company Policy have been exhausted, and any resulting actuarial gains or losses shall inure solely to SNFCo. From and after the Time of Distribution, GranCare shall file with SNFCo all claims asserted subsequent to the Time of Distribution that relate to occurrences prior to the Time of Distribution arising out of or in connection with the Institutional Pharmacy Business and SNFCo shall be responsible for notifying the appropriate insurance carrier and providing GranCare with copies of all correspondence relating to such notification. Thereafter, GranCare shall be responsible for Claims Administration relating to all such claims wherein SNFCo shall not be named as a co-defendant and GranCare shall provide SNFCo with copies of all correspondence, documents and other materials that may be material to an understanding by SNFCo of the status of such claims; it being expressly acknowledged and agreed that SNFCo's retention IMS’ assumption of the administrative responsibilities for submitting notices of claims under the appropriate Company Shared Policies shall not relieve GranCare the party submitting any Insured Claim of the primary responsibility for reporting such Insured Claim accurately, completely and in a timely manner. Subject manner or of such party’s authority to settle any such Insured Claim within any period permitted or required by the relevant Policy; and PROVIDED FURTHER that all direct or indirect communication with insurers relating to the indemnification provisions Shared Policies shall be conducted by IMS. IMS may discharge its administrative responsibilities under this Section 7.3 by contracting for the provision of Article III, each services by independent parties. Each of the parties hereto shall administer and pay any costs relating to defending its respective Insured Claims under Company Shared Policies to the extent such defense costs are not covered under such Company Policies and shall be responsible for obtaining or reviewing the appropriateness of releases upon settlement of its respective Insured Claims under Company Shared Policies. (b)The disbursements, out-of-pocket expenses and direct and indirect costs of employees or agents of IMS relating to Claims Administration and Insurance Administration contemplated by this Section 7.3(a) shall be for ST’s account if they relate to ST Liabilities and for IMS’ account if they relate to IMS Liabilities.