Common use of DERIVATION Clause in Contracts

DERIVATION. The Allocated Expense Share for each Participating ---------- Producer will be a single share applicable to any Allocated Expense, computed by determining for that Participating Producer a Partial Allocated Expense Share for Period I Claims (defined herein as any Asbestos-Related claims filed or brought on or before September 30, 1983), Period II & III Claims (defined herein as any Asbestos-Related Claims filed or brought during the period October 1, 1983, through June 19, 1986), and Period IV Claims (defined herein as any Asbestos-Related Claims filed or brought after June 19, 1986), respectively, and by taking the weighted average of those Partial Allocated Expense Shares weighted by the total number of open claims the Center had in each of those periods, as of September 30, 1991. The Partial Allocated Expense Shares for each Participating Producer will be computed as follows: (i) For Period I Claims, the Partial Allocated Expense Share for each Participating Producer will be the allocated expense share (determined pursuant to Appendix A-1 of the Agreement Concerning Asbestos-Related Claims dated May 29, 1985) that each Participating Producer had in the Asbestos Claims Facility as of September 1, 1987, adjusted upward pro rata to reflect the absence of the allocated expense shares of those producers who were members of the Asbestos Claims Facility but were not members of the Center as of September 30, 1991. (ii) For Period II & III Claims, the Partial Allocated Expense Share for each Participating Producer will be computed as provided in this paragraph A.2.a(ii). For Participating Producers that became members of the Asbestos Claims Facility pursuant to Section H of Appendix A-1 of the Agreement Concerning Asbestos-Related Claims dated May 29, 1985 (the "New Entrants") their Partial Allocated Expense Share will be their respective allocated expense shares as negotiated pursuant to that Section H, with appropriate adjustments to reflect the absence of the allocated expense shares for Period II & III Claims of those Producers who were members of the Asbestos Claims Facility but were not members of the Center as of September 30, 1991. For all other Participating Producers, the Partial Allocated Expense Share for each Participating Producer will be computed by taking the number of Period II & III Claims in which that Participating Producer is named as a defendant or a third-party defendant or is otherwise designated in a claim as responsible for the injury, and dividing it by the aggregate of the number of such claims for all Participating Producers (including a factor for the New Entrants). (iii) For Period IV Claims, the Partial Allocated Expense Share for each Participating Producer will be computed in the same manner as for Period II & III Claims except using Asbestos-Related Claims filed or brought during the period June 20, 1986, through September 30, 1991, rather than Period II & III Claims.

DERIVATION. The Allocated Expense Share for each Participating ---------- Producer will be a single share applicable to any Allocated Expense, computed by determining for that Participating Producer a Partial partial Allocated Expense Share for Period I Claims (defined herein as any Asbestos-Related claims filed or brought on or before September 30, 1983)Claims, Period II & III Claims (defined herein as any Asbestos-Related Claims filed or brought during the period October 1, 1983, through June 19, 1986)Claims, and Period IV Claims (defined herein as any Asbestos-Related Claims filed or brought after June 19, 1986)Claims, respectively, and by taking the weighted average of those Partial Allocated Expense Shares weighted by the total number of open claims the Center had has in each of those periods, periods that were open as to the Asbestos Claim Facility as of September June 30, 19911988. The Partial Allocated Expense Shares for each Participating Producer will be computed as follows: (i) For Period I Claims, the Partial Allocated Expense Share for each Participating Producer will be the allocated expense share (determined pursuant to Appendix A-1 of the Agreement Concerning Asbestos-Related Claims dated May 29, 1985) that each Participating Producer had in the Asbestos Claims Facility as of September 1, 1987, adjusted upward pro rata to reflect the absence of the allocated expense shares of those producers who were members of the Asbestos Claims Facility but were are not members of the Center as of September 30, 19911988. (ii) For Period II & III Claims, the Partial Allocated Expense Share for each Participating Producer will be computed as provided in this paragraph A.2.a(ii). For Participating Producers that became members of the Asbestos Claims Facility pursuant to Section H of Appendix A-1 of the Agreement Concerning Asbestos-Related Claims dated May 29, 1985 (the "New Entrants") , their Partial Allocated Expense Share will be their respective allocated expense shares as negotiated pursuant to that Section HH of Appendix A-1 of the Agreement Concerning Asbestos- Related Claims dated May 29, 1985, with appropriate adjustments to reflect the absence of the allocated expense shares for Period II & III Claims of those Producers who were members of the Asbestos Claims Facility but were are not members of the Center as of September 30, 19911988. For all other Participating Producers, the Partial partial Allocated Expense Share for each Participating Producer will be computed by taking the number of Period II & III Claims in which that Participating Producer is named as a defendant or defendant, a third-party defendant defendant, or is otherwise designated in a the claim as responsible for the injury, and dividing it by the aggregate of the number of such claims for all Participating Producers (including a factor for the New Entrants). (iii) For Period IV Claims, the Partial Allocated Expense Share for each Participating Producer will be computed in the same manner as for Period II & III Claims except using Asbestos-Related Claims filed or brought during the period June 20, 1986, through September June 30, 19911988, rather than Period II & III Claims.