Allocation of Insurance Proceeds Sample Clauses

Allocation of Insurance Proceeds. Except as otherwise provided in Section 11.3, Insurance Proceeds received with respect to suits, occurrences, claims, costs and expenses covered under the Shared Policies shall be paid to Tyco with respect to Tyco Retained Liabilities, to Healthcare with respect to Healthcare Liabilities, and to Electronics with respect to Electronics Liabilities. In the event that the aggregate limits on any Shared Policies are exhausted by the payment of Insured Claims by the relevant Parties, such Parties agree to allocate the Insurance Proceeds received thereunder based upon their respective percentage of the total insured claim or claims which were covered under such Shared Policy (their “allocable portion of Insurance Proceeds”), and any Party who has received Insurance Proceeds in excess of such Party’s allocable portion of Insurance Proceeds shall pay to the other Party or Parties the appropriate amount so that each Party will have received its allocable portion of Insurance Proceeds. Each of the Parties agrees to use best efforts to maximize available coverage under those Shared Policies applicable to it for the benefit of all Parties, and to take all commercially reasonable steps to recover from all other responsible parties (except the Parties) in respect of an Insured Claim to the extent coverage limits under a Shared Policy have been exceeded or would be exceeded as a result of such Insured Claim.
Allocation of Insurance Proceeds. Insurance Proceeds received with respect to claims, costs and expenses under the Policies shall be paid to Evercel with respect to the Evercel Liabilities and to ERC with respect to the ERC Retained Liabilities. Payment of the allocable portions of indemnity costs of Insurance Proceeds resulting from the liability policies will be made to the appropriate party upon receipt from the insurance carrier. In the event that the aggregate limits on any Shared Policies are exceeded, the parties agree to provide an equitable allocation of Insurance Proceeds received after the Distribution Date based upon their respective bona fide claims. The parties agree to use their best efforts to cooperate with respect to insurance matters.
Allocation of Insurance Proceeds. Except as otherwise provided in -------------------------------- Section 8.01, Insurance Proceeds received with respect to claims, costs and expenses under the Company Policies shall be paid to HCS with respect to Health Care Systems Liabilities that are Insured Claims, to IB with respect to Instruments Liabilities that are Insured Claims and to SEB with respect to Semiconductor Equipment Liabilities that are Insured Claims. Payment of the allocable portions of indemnity costs of Insurance Proceeds resulting from the Company Policies shall be made to the appropriate party upon receipt from the insurer. Insurance Proceeds received with respect to Shared Liabilities shall be paid to the party or other Person bearing the Liability that represents the Insured Claim.
Allocation of Insurance Proceeds. Except as otherwise provided in Section 9.02, Insurance Proceeds received with respect to claims, costs and expenses under the Beverages Shared Policies shall be paid to or on behalf of CS, which shall thereafter administer the Beverages Shared Policies by paying the Insurance Proceeds, as appropriate, to CS with respect to Cadbury plc Liabilities and to DPS with respect to Beverages Liabilities, net of the reasonable, documented out-of-pocket costs incurred by CS in administering the applicable claim (it being understood that such costs shall fairly reflect the costs to CS of providing such administrative services, including the costs incurred by CS in respects of any increased premiums resulting from any such claims on such Beverages Shared Policy and a reasonable allocation for salary, wages, benefits, Taxes and other expenses directly attributable thereto and without any markup for profit). CS will provide documentation of any reasonable out-of-pocket costs incurred at the time of payment of the allocable portions of the indemnity costs and Insurance Proceeds to DPS. Payment of the allocable portions of indemnity costs of Insurance Proceeds resulting from such Policies will be made by CS to the appropriate Party upon receipt from the insurance carrier. Each Party agrees to obtain for itself and each member of its Group insurance policies (in forms and amounts determined by that Party), which shall be effective as of the Distribution Date, to cover any Cadbury plc Liabilities or Beverages Liabilities, as applicable, that exceed the Insurance Proceeds available from such Beverages Shared Policies. Each of the Parties agrees to use commercially reasonable efforts to maximize available coverage under those Beverages Shared Policies applicable to it, and to take all commercially reasonable steps to recover from all other responsible parties in respect of an Beverages Shared Policy Insured Claim to the extent coverage limits under a Beverages Shared Policy have been exceeded or would be exceeded as a result of such Beverages Shared Policy Insured Claim (it being understood that the obligation to use commercially reasonable efforts to recover from all other responsible parties in respect of a Beverages Shared Policy Insured Claim shall not require any Party to commence any litigation proceedings against any such other responsible party).
Allocation of Insurance Proceeds. All proceeds recovered under any insurance policies to which the Trust is entitled shall be received and held by the Trustee as assets of the Trust to be used for payment of Fire Victim Claims and Trust Expenses.
Allocation of Insurance Proceeds. SWS shall direct the insurance -------------------------------- carriers to pay Insurance Proceeds with respect to claims, costs and expenses under the SWS Policies directly to or on behalf of Westwood with respect to Westwood Insured Claims and directly to or on behalf of SWS with respect to SWS's Insured Claims. The parties agree to use their best efforts to cooperate with respect to insurance matters.
Allocation of Insurance Proceeds. Borrowers shall cooperate with Agent in good faith to allocate insurance proceeds payable to or for the benefit of the Borrowers as between proceeds that are a part of the ABL Priority Collateral and those that are a part of the Term Priority Collateral.
Allocation of Insurance Proceeds. Insurance Proceeds received -------------------------------- with respect to claims, costs and expenses under the Common Policies shall be paid to Parent with respect to the claims, debts, liabilities and obligations of the Parent Group, the Former Parent Businesses, Bonny Products, Inc., Keeler Instruments, Inc. and Sefton Corporation and to New Gallaher with respect to the claims, debts, liabilities and obligations of the New Gallaher Group and the Former Gallaher Businesses but excluding Bonny Products, Inc., Keeler Instruments, Inc. and Sefton Corporation. The parties agree that there shall be no obligation to allocate Insurance Proceeds in respect of any Common Policy in the event that the aggregate limits on such Common Policy are exhausted. The parties agree to cooperate in good faith with respect to insurance matters.
Allocation of Insurance Proceeds. Insurance Proceeds received with respect to claims, costs and expenses under the Beverly Policies shall be paid to NBHI.
Allocation of Insurance Proceeds. Notwithstanding any contrary provisions in this Sublease, if a complete or partial destruction of the Property occurs and one or more Sublessees permanently loses the use of its or their Unit(s) and the damage or destruction is an insured casualty, then the proceeds therefrom shall be allocated as follows: First: To the extent required under the Master Lease, to repair such damage or destruction if it can be repaired, or to protect, repair and/or restore the remainder of the Property if the Property cannot be fully repaired. Second: To pay each Sublessee who has permanently lost the use of its Unit and such Sublessee’s Authorized Mortgagee(s), as their respective interests may appear, the then fair market value of their respective interest under this Sublease excluding any Bonus Value; provided, that if there are insufficient proceeds, the payment to each such Sublessee and its respective Authorized Mortgagee shall be reduced proportionately. “Bonus Value” shall mean the then present value of the excess, for the duration of this Sublease, of the fair market ground rent attributable to a Sublessee’s Condominium over the Ground Rent which would have been attributable thereto. Third: The balance to the County, Sublessor and Sublessor’s encumbrance holders as provided in the Master Lease.