Multiple Claims. Where Health Care Systems Liabilities and/or --------------- Instruments Liabilities and/or Semiconductor Equipment Liabilities, as applicable, are covered under the same Company Policies for periods before the Distribution Date, or covering claims made after the Distribution Date with respect to an event or an occurrence before the Distribution Date, then the Health Care Systems Group, the Instruments Group and the Semiconductor Equipment Group, as applicable, may claim coverage for Insured Claims under such Company Policies to the extent of liability or other coverage of such Company Policies. Each party may receive Insurance Proceeds in respect of its Insured Claims as and when payable under the terms of the applicable Company Policies without regard to whether the Insured Claim covers Health Care Systems Liabilities, Instruments Liabilities or Semiconductor Equipment Liabilities; provided, -------- however, that before receiving payment under a Company Policy, the party making ------- the claim shall be required to have retained a portion of the Liability underlying such Insured Claim equal to the amount of the self insurance retention or deductible. In the event that the aggregate limits on any Company Policy is exceeded by the aggregate of paid Insured Claims, no Group shall be entitled to reimbursement from another Group.
Appears in 3 contracts
Sources: Distribution Agreement (Varian Inc), Distribution Agreement (Varian Associates Inc /De/), Distribution Agreement (Varian Inc)