Common use of Joint Action Clause in Contracts

Joint Action. In the event that Insured Claims of more than one Party exist relating to the same occurrence, the relevant Parties shall jointly defend and waive any conflict of interest to the extent necessary to the conduct of the joint defense; provided, however, that this Section 9.1(h) shall not be construed to limit or otherwise alter in any way the obligations of the Parties, including those obligations under Article V, created by this Agreement, by operation of Law or otherwise. In the event of any Action by any Party (or both of the Parties) to recover or obtain insurance proceeds, or to defend against any Action by an insurance carrier to deny any Policy benefits, both Parties may join in any such Action and be represented by joint counsel and both Parties shall waive any conflict of interest to the extent necessary to conduct any such Action; provided, however, that this Section 9.1(h) shall not be construed to limit or otherwise alter in any way the obligations of the Parties, including those obligations under Article V, created by this Agreement, by operation of Law or otherwise.