Ownership of Existing Policies and Programs. 22 Section 4.03. Acquisition and Maintenance of Post-Distribution Insurance by Xxxxxx USA 23 Section 4.04. Rights Under Shared Policies 23 Section 4.05. Administration and Reserves 25 Section 4.06. Insurance Premiums 25 Section 4.07. Agreement for Waiver of Conflict and Shared Defense 26 Section 4.08. Duty to Mitigate 26 Section 4.09. Non-Waiver of Rights to Coverage 26
Ownership of Existing Policies and Programs. Xxxxxxxx-Xxxxx or one or more of the other Xxxxxxxx-Xxxxx Parties shall continue to own all property damage and business interruption, and liability insurance policies and programs (including primary and excess general liability, director and officer liability, automobile, workers’ compensation, property damage and business interruption, crime, surety and other similar insurance policies) in effect on or before the Effective Time (collectively, the “Xxxxxxxx-Xxxxx Policies” and individually, a “Xxxxxxxx-Xxxxx Policy”). Subject to the provisions of this Agreement, the Xxxxxxxx-Xxxxx Parties shall retain all of their respective rights, benefits and privileges, if any, under the Xxxxxxxx-Xxxxx Policies. Nothing contained herein shall be construed to be an attempted assignment of or a change to any part of the ownership of the Xxxxxxxx-Xxxxx Policies, with the exception of adding Halyard as a named insured under I-Flow’s when-made product liability policy (effective July 1, 2014 through July 1, 2015, and covering any claims made during that period), with Xxxxxxxx-Xxxxx having all rights for claims related to I-Flow product liability prior to the Distribution Date. With respect to any claim under the Xxxxxxxx-Xxxxx Policies relating to the Halyard Business or the Transferred Assets, Xxxxxxxx-Xxxxx shall have sole responsibility for claims administration and financial administration of such policies, and such administration shall be governed solely by the terms of Sections 8.5 and 8.6. Except as expressly set forth in Sections 8.5 and 8.6, no Xxxxxxxx-Xxxxx Party nor any of its Affiliates shall have any responsibility for, or obligation to, any Halyard Party or any of its Affiliates under the Xxxxxxxx-Xxxxx Policies relating to any of the matters, losses or claims covered by or assumed to be covered by the Xxxxxxxx-Xxxxx Parties for any period, whether prior to, on or after the Effective Time.
Ownership of Existing Policies and Programs. Xxxxxx Xxxxxxx or any member of the Xxxxxx Xxxxxxx Group will continue to own all insurance policies, insurance contracts and claim administration contracts of any kind of any member of the Xxxxxx Xxxxxxx Group which were or are in effect at any time at or prior to the Distribution Time (other than insurance policies, insurance contracts and claim administration contracts established in contemplation of the Distribution to cover only the Discover Group after the Distribution Time), including general liability (whether primary, excess or umbrella), fiduciary liability, automobile, aircraft hull and liability, all risk property (including business interruption) and casualty, directors and officers liability, employer’s liability, workers’ compensation, comprehensive crime, errors and omissions and property/boiler and machinery insurance policies, together with all rights, benefits and privileges thereunder (collectively, the “Xxxxxx Xxxxxxx Policies”). Subject to the provisions of this Agreement, (a) the members of the Xxxxxx Xxxxxxx Group shall retain all of their respective rights, benefits and privileges, if any, under the Xxxxxx Xxxxxxx Policies and (b) subject to the Discover Group’s rights under Section 4.05, coverage of the Discover Group under the Xxxxxx Xxxxxxx Policies shall cease as of the Distribution Time. Nothing contained herein shall be construed to be an attempted assignment of or a change to any part of the ownership of the Xxxxxx Xxxxxxx Policies.
Ownership of Existing Policies and Programs. TXI or one or more of the other TXI Parties shall continue to own all property damage and business interruption, and liability insurance policies and programs, including, without limitation, primary and excess general liability, executive liability, automobile, workers’ compensation, property damage and business interruption, crime and surety insurance policies, in effect on or before the Distribution Date (collectively, the “TXI Policies” and individually, a “TXI Policy”). Subject to the provisions of this Agreement, the TXI Parties shall retain all of their respective rights, benefits and privileges, if any, under the TXI Policies. Nothing contained herein shall be construed to be an attempted assignment of or a change to any part of the ownership of the TXI Policies. With respect to any claim relating to the Chaparral Business or the Transferred Assets, TXI shall have sole responsibility for claims administration and financial administration of the TXI Policies and such administration shall be governed solely by the terms of Sections 8.5 and 8.6.
Ownership of Existing Policies and Programs. Xxxxxx Oil or any member of the Xxxxxx Oil Group will continue to own all insurance policies, insurance contracts and claim administration contracts of any kind of any member of the Xxxxxx Oil Group which were or are in effect at any time at or prior to the Distribution Time (other than insurance policies, insurance contracts and claim administration contracts established in contemplation of the Distribution to cover only the Xxxxxx USA Group after the Distribution Time), together with all rights, benefits and privileges under any of the foregoing (collectively, the “Xxxxxx Oil Policies”). Subject to the provisions of this Agreement, including the Xxxxxx USA Group’s rights under Section 4.04, (a) the members of the Xxxxxx Oil Group shall retain all of their respective rights, benefits and privileges, if any, under the Xxxxxx Oil Policies and (b) coverage of the Xxxxxx USA Group under the Xxxxxx Oil Policies shall cease as of the Distribution Time with respect to all Losses to the extent incurred or suffered by the Xxxxxx USA Group in connection with, relating to, arising out of or due to, directly or indirectly, any event or occurrence at or after the Distribution Time. Nothing contained herein shall be construed to be an attempted assignment of or a change to any part of the ownership of the Xxxxxx Oil Policies or shall be construed to waive any right or remedy of any member of the Xxxxxx Oil Group in respect thereof. No provision of this Agreement is intended to relieve any insurer of any Liability under any policy.
Ownership of Existing Policies and Programs. First Data or one or more of the other First Data Parties shall continue to own all insurance policies, insurance contracts and claim administration contracts of any kind of any First Data Party which were or are in effect at any time at or prior to the Effective Time (other than insurance policies, insurance contracts and claim administration contracts established in contemplation of the Distribution to cover only the Western Union Parties after the Effective Time), including general liability (whether primary, excess or umbrella), fiduciary liability, automobile, aircraft hull and liability, all risk property (including business interruption) and casualty, directors and officers liability, employer’s liability, workers’ compensation, comprehensive crime, errors and omissions and property/boiler and machinery insurance policies, together with all rights, benefits and privileges thereunder (collectively, the “First Data Policies”). Subject to the provisions of this Agreement, (a) the First Data Parties shall retain all of their respective rights, benefits and privileges, if any, under the First Data Policies and (b) coverage of the Western Union Parties under the First Data Policies shall cease as of the Effective Time. Nothing contained herein shall be construed to be an attempted assignment of or a change to any part of the ownership of the First Data Policies.
Ownership of Existing Policies and Programs. (a) On the Distribution Date, Sun shall assign to New Sun, to the extent permitted under the policies, all property damage and business interruption, and liability insurance policies and programs, including, without limitation, primary and excess general and professional liability, Directors and Officers liability, automobile, workers’ compensation, property damage and business interruption, crime and fiduciary insurance policies, in effect on the Distribution Date (collectively, the “New Sun Policies” and individually, a “New Sun Policy”). Subject to the provisions of this Agreement, New Sun shall obtain all of the rights, benefits and privileges, if any, under the New Sun Policies. Except as expressly set forth in this Article IX, after the assignment of the New Sun Policies to New Sun, no member of the New Sun Group shall have any responsibility for or obligation to any member of the Sabra Group under the New Sun Policies relating to property damage and business interruption or liability or workers compensation matters for any period, whether prior to, on or after the Distribution Date.
Ownership of Existing Policies and Programs. Potlatch or one or more members of the Potlatch Group shall continue to own all property damage and business interruption, and liability insurance policies and programs, including, without limitation, primary and excess general liability, executive liability, automobile, workers’ compensation, property damage and business interruption, crime and surety insurance policies, in effect on or before the Distribution Date (collectively, the “Potlatch Policies” and individually, a “Potlatch Policy”); provided, however, that for purposes of this Article VIII, the Subscriber Agreement shall not be deemed to be a “Potlatch Policy.” Subject to the provisions of this Agreement, the Potlatch Group shall retain all of their respective rights, benefits and privileges, if any, under the Potlatch Policies. Nothing contained herein shall be construed to be an attempted Transfer of or a change to any part of the ownership of the Potlatch Policies. With respect to any claim under the Potlatch Policies relating to the Pulp-Based Business or the Pulp-Based Business Assets, Potlatch shall have sole responsibility for claims administration and financial administration of such policies and such administration shall be governed solely by the terms of Section 8.5 and Section 8.6. Except as expressly set forth in Section 8.5 and Section 8.6, no member of the Potlatch Group shall have any responsibility for or obligation to any member of the Clearwater Group under the Potlatch Policies relating to property damage and business interruption or liability or workers compensation matters for any period, whether prior to, on or after the Distribution Date.
Ownership of Existing Policies and Programs. TSC or one or more of its Subsidiaries shall continue to own all property, casualty and liability insurance policies and programs, including, without limitation, primary and excess general liability, errors and omissions, automobile, workers' compensation, property, fire, crime and surety insurance policies, in effect on or before the Distribution Date (collectively, the "TSC Policies" and individually, a "TSC Policy"). TSC shall use reasonable efforts to maintain the TSC Policies in full force and effect up to and including the Distribution Date, and, subject to the provisions of this Agreement, TSC and its Subsidiaries shall retain all of their respective rights, benefits and privileges, if any, under the TSC Policies. Nothing contained herein shall be construed to be an attempted assignment of or to change the ownership of the TSC Policies.
Ownership of Existing Policies and Programs. 15 Section 4.03. Maintenance of Insurance for Discover 15 Section 4.04. Acquisition and Maintenance of Post-Distribution Insurance by Discover 15 Section 4.05. Rights Under Shared Policies 16 Section 4.06. Administration and Reserves 17 Section 4.07. Insurance Premiums 17 Section 4.08. Agreement for Waiver of Conflict and Shared Defense 18 Section 4.09. Duty to Mitigate Settlements 18 Section 4.10. Non-Waiver of Rights to Coverage 18
