Common use of Ownership of Existing Policies and Programs Clause in Contracts

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.

Appears in 2 contracts

Samples: Distribution Agreement (Halyard Health, Inc.), Distribution Agreement (Halyard Health, Inc.)

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Ownership of Existing Policies and Programs. XxxxxxxxKxxxxxxx-Xxxxx or one or more of the other XxxxxxxxKxxxxxxx-Xxxxx Parties shall continue to own all property damage and business interruption, and liability insurance policies and programs (including programs, including, without limitation, primary and excess general liability, director and officer executive liability, automobile, workers’ compensation, property damage and business interruption, crime, crime and surety and other similar insurance policies) , in effect on or before the Effective Time Distribution Date (collectively, the “XxxxxxxxKxxxxxxx-Xxxxx Policies” and individually, a “XxxxxxxxKxxxxxxx-Xxxxx Policy”). Subject to the provisions of this Agreement, the XxxxxxxxKxxxxxxx-Xxxxx Parties shall retain all of their respective rights, benefits and privileges, if any, under the XxxxxxxxKxxxxxxx-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 XxxxxxxxKxxxxxxx-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 XxxxxxxxKxxxxxxx-Xxxxx Policies relating to the Halyard Neenah Business or the Transferred Assets, XxxxxxxxKxxxxxxx-Xxxxx shall have sole responsibility for claims administration and financial administration of such policies, 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 XxxxxxxxKxxxxxxx-Xxxxx Party nor any of its Affiliates shall have any responsibility for, for or obligation to, to any Halyard Neenah Party or any of its Affiliates under the XxxxxxxxKxxxxxxx-Xxxxx Policies relating to any of the matters, losses property damage and business interruption or claims covered by liability or assumed to be covered by the Xxxxxxxx-Xxxxx Parties workers compensation matters for any period, whether prior to, on or after the Effective TimeDistribution Date.

Appears in 1 contract

Samples: Distribution Agreement (Neenah Paper Inc)

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 programs, including, without limitation, primary and excess general liability, director and officer executive liability, automobile, workers’ compensation, property damage and business interruption, crime, crime and surety and other similar insurance policies) , in effect on or before the Effective Time Distribution Date (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 Neenah Business or the Transferred Assets, Xxxxxxxx-Xxxxx shall have sole responsibility for claims administration and financial administration of such policies, 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, for or obligation to, to any Halyard Neenah Party or any of its Affiliates under the Xxxxxxxx-Xxxxx Policies relating to any of the matters, losses property damage and business interruption or claims covered by liability or assumed to be covered by the Xxxxxxxx-Xxxxx Parties workers compensation matters for any period, whether prior to, on or after the Effective TimeDistribution Date.

Appears in 1 contract

Samples: Distribution Agreement (Neenah Paper Inc)

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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.

Appears in 1 contract

Samples: Distribution Agreement (Halyard Health, Inc.)

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