Common use of Claims Not Reimbursed Clause in Contracts

Claims Not Reimbursed. Except as set forth in this Section 9.4, Dover and Xxxxxxx shall not be liable to one another (nor shall any member of the Dover Group be liable to any member of the Xxxxxxx Group) for claims, or portions of claims, not reimbursed by insurers under any Third Party Shared Policy for any reason not within the control of Dover or Xxxxxxx, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of any insurance carrier(s), Third Party Shared Policy limitations or restrictions, any coverage disputes, any failure to timely file a claim by Dover or Xxxxxxx (or any of the members of their respective Groups), or any defect in such claim or its processing. The liability of Dover and Xxxxxxx to one another for such claims is expressly limited to the amount of Insurance Proceeds received with respect to such claims and allocated to the respective Parties in accordance with Section 9.4(e). It is expressly understood that the foregoing provisions in this Section 9.4(c) shall not limit any Party’s liability to any other Party for indemnification pursuant to Article VI.

Appears in 4 contracts

Samples: Separation and Distribution Agreement (DOVER Corp), Separation and Distribution Agreement (Knowles Corp), Separation and Distribution Agreement (Knowles Corp)

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Claims Not Reimbursed. Except as set forth in this Section 9.4, Dover and Xxxxxxx Apergy shall not be liable to one another (nor shall any member of the Dover Group be liable to any member of the Xxxxxxx Apergy Group) for claims, or portions of claims, not reimbursed by insurers under any Third Party Shared Policy for any reason not within the control of Dover or XxxxxxxApergy, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of any insurance carrier(s), Third Party Shared Policy limitations or restrictions, any coverage disputes, any failure to timely file a claim by Dover or Xxxxxxx Apergy (or any of the members of their respective Groups), or any defect in such claim or its processing. The liability of Dover and Xxxxxxx Apergy to one another for such claims is expressly limited to the amount of Insurance Proceeds received with respect to such claims and allocated to the respective Parties in accordance with Section 9.4(e9.4(d). It is expressly understood that the foregoing provisions in this Section 9.4(c) shall not limit any Party’s liability to any other Party for indemnification pursuant to Article VI.

Appears in 4 contracts

Samples: Separation and Distribution Agreement (DOVER Corp), Separation and Distribution Agreement (Apergy Corp), Separation and Distribution Agreement (Apergy Corp)

Claims Not Reimbursed. Except as set forth in this Section 9.48.3, Dover iGATE and Xxxxxxx Mastech shall not be liable to one another (nor shall any member of the Dover iGATE Group be liable to any member of the Xxxxxxx Mastech Group) for claims, or portions of claims, not reimbursed by insurers under any Third Party Shared Policy for any reason not within the control of Dover iGATE or XxxxxxxMastech, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of any insurance carrier(s), Third Party Shared Policy limitations or restrictions, any coverage disputes, any failure to timely file a claim by Dover iGATE or Xxxxxxx Mastech (or any of the members of their respective Groups), or any defect in such claim or its processing. The liability of Dover iGATE and Xxxxxxx Mastech to one another for such claims is expressly limited to the amount of Insurance Proceeds received with respect to such claims and allocated to the respective Parties in accordance with Section 9.4(e8.4(e). It is expressly understood that the foregoing provisions in this Section 9.4(c8.3(c) shall not limit any Party’s liability to any other Party for indemnification pursuant to Article VI.ARTICLE V.

Appears in 3 contracts

Samples: Separation and Distribution Agreement (Mastech Holdings, Inc.), Separation and Distribution Agreement (Mastech Holdings, Inc.), Separation and Distribution Agreement (Igate Corp)

Claims Not Reimbursed. Except as set forth in this Section 9.49.3, Dover ASD and Xxxxxxx WABCO shall not be liable to one another (nor shall any member of the Dover ASD Group be liable to any member of the Xxxxxxx WABCO Group) for claims, or portions of claims, not reimbursed by insurers under any Third Party Shared Policy for any reason not within the control of Dover ASD or XxxxxxxWABCO, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of any insurance carrier(s), Third Party Shared Policy limitations or restrictions, any coverage disputes, any failure to timely file a claim by Dover ASD or Xxxxxxx WABCO (or any of the members of their respective Groups), or any defect in such claim or its processing. The liability of Dover ASD and Xxxxxxx WABCO to one another for such claims is expressly limited to the amount of Insurance Proceeds received with respect to such claims and allocated to the respective Parties in accordance with Section 9.4(e). It is expressly understood that the foregoing provisions in this Section 9.4(c9.3(c) shall not limit any Party’s liability to any other Party for indemnification pursuant to Article ARTICLE VI.

Appears in 2 contracts

Samples: Separation and Distribution Agreement (American Standard Companies Inc), Separation and Distribution Agreement (WABCO Holdings Inc.)

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Claims Not Reimbursed. Except as set forth in this Section 9.410.6, Dover Questar and Xxxxxxx QEP shall not be liable to one another (nor shall any member of the Dover Questar Group be liable to any member of the Xxxxxxx QEP Group) for claims, or portions of claims, not reimbursed by insurers under any Third Party Shared Policy for any reason not within the control of Dover Questar or XxxxxxxQEP, including but not limited to coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of any insurance carrier(s), Third Party Shared Policy limitations or restrictions, any coverage disputes, any failure to timely file a claim by Dover Questar or Xxxxxxx QEP (or any of the members of their respective Groups), or any defect in such claim or its processing. The liability of Dover Questar and Xxxxxxx QEP to one another for such claims is expressly limited to the amount of Insurance Proceeds received with respect to such claims and allocated to the respective Parties in accordance with Section 9.4(e10.6(e). It is expressly understood that the foregoing provisions in this Section 9.4(c10.6(d) shall not limit any Party’s liability to any other Party for indemnification pursuant to Article VIARTICLE VII.

Appears in 1 contract

Samples: Separation and Distribution Agreement (Questar Corp)

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