Common use of Insurance Primary Clause in Contracts

Insurance Primary. An insurer who is otherwise obligated to pay a claim of a Party is not relieved of the responsibility with respect to such claim and has no subrogation rights with respect to the claim, in either instance, solely by virtue of the indemnification provisions of Section 15. Upon payment of an indemnity claim, a Party that provides indemnification hereunder is subrogated to the rights of an indemnified Party against any insurer otherwise obligated to pay for such Losses.

Insurance Primary. An insurer who is otherwise obligated to pay a claim of a Party is not relieved of the responsibility with respect to such claim and has no subrogation rights with respect to the claim, in either instance, solely by virtue of the indemnification provisions of Section 1513. Upon payment of an indemnity claim, a Party that provides indemnification hereunder is subrogated to the rights of an indemnified Party against any insurer otherwise obligated to pay for such LossesDirect Costs.