Claim Reporting. A. As of the Trigger Date, Lloyd's Underwriters shall have the right (upon reasonable notice and in a manner convenient to the Plan Trust, as applicable) to review and obtain from the Plan Trust all files, information and documents: 1. concerning Claims subject to payment or potential payment with the proceeds of this Agreement, and 2. required of or necessary to Lloyd's Underwriters in connection with any Claims, arbitrations, or litigations relating to reinsurance of the Settlement Amount or in connection with this Agreement. B. For the avoidance of doubt, the relevant files, information and documents referenced in Paragraph 11.A above shall include, without limitation: 1. information from any database maintained by the Plan Trust, any information that the Plan Trust collects pursuant to the TDP, and any information included on any claim form used by the Plan Trust with respect to Asbestos Personal Injury Claims and Indirect Asbestos Claims; and 2. for each Asbestos Personal Injury Claim and Indirect Asbestos Claim resolved: a. the Claimant's name; b. a claim number if the Plan Trust uses such a number to identify claims; c. status (open or closed); d. date of first exposure, if the Plan Trust collects such information; e. alleged disease and date of diagnosis, if the Plan Trust collects such information; and f. the amount of indemnity paid. C. The Plan Trust shall reasonably cooperate in obtaining and providing the files, information and documents referred to in Paragraphs 11.A and 11.B above at Lloyd's Underwriters' reasonable request and sole expense (provided that Lloyd's Underwriters shall have no obligation to pay any internal costs of the Plan Trust, including costs associated with time or expenses of the Plan Trust's employees). For the avoidance of doubt and without limitation of the foregoing, the Plan Trust will undertake all reasonable actions to cooperate with Lloyd's Underwriters in connection with their reinsurers, including (upon reasonable notice, at Lloyd's the Plan Trust, and in a manner convenient to the Plan Trust as applicable) responding to reasonable requests for information and meeting with representatives of reinsurers. Such cooperation shall include providing Lloyd's Underwriters' representative access to all claim files related to Asbestos Personal Injury Claims and Indirect Asbestos Claims maintained by the Plan Trust, including all product exposure, medical, claim status, and payment records contained in such files. D. For the avoidance of doubt, this Section 11, and any results of such a review contemplated hereby: 1. shall not affect Lloyd's Underwriters' payment obligations under this Agreement; 2. shall not obligate the Plan Trust to collect any information from any Claimant that it is not otherwise obligated to collect; and 3. shall not give Underwriters and/or Equitas any right to challenge the allowance or payment of any Claim by the Plan Trust. E. Lloyd's Underwriters shall not provide any "Report" (as defined i▇ ▇▇▇▇▇▇▇▇h 11.G below), results, files, information, or documents obtained by Lloyd's Underwriters pursuant to this Section 11 (the "Materials") to any other Entity and shall keep the Materials confidential, except that Lloyd's Underwriters may: 1. provide the Materials to Entities identified in Paragraph 13.C below; and 2. use the Materials in any proceeding to obtain reinsurance with respect to the Settlement Amount or this Agreement or in connection with its compliance with applicable laws or regulations. F. Lloyd's Underwriters shall exercise their reasonable best efforts ▇▇ ▇▇▇▇▇▇in the confidentiality of the Materials, including seeking a confidentiality pledge from any Entity with which they share the Materials and seeking a protective order in any proceeding in which they use the Materials, but Lloyd's Underwriters' right to disclose any portion of the Materials to any of the Entities identified in Paragraph 13.C below, shall not be affected if their reasonable best efforts do not result in a confidentiality pledge being given or a confidentiality order being entered. Nothing in this Section 11 shall prevent Lloyd's Underwriters or Equitas from using the Materials for their own internal purposes. G. In the Plan Trust's sole discretion, the Plan Trust may, in response to a request from Lloyd's Underwriters pursuant to Paragraphs 11.A through 11.C, provide Lloyd's Underwriters (or their representatives) with a report concerning asbestos-related bodily injury claims activity with respect to the time period that is the subject of Lloyd's Underwriters' request for relevant files, information and documents (the "Report"). Notwithstanding anything to the contrary in this Section 11, the Plan Trust shall not be required to include in any Report any information that such the Plan Trust is not required to collect under the Plan or the TDP or that the Plan Trust in fact collects. If the Plan Trust (as applicable) is required to collect under the Plan or the TDP (or in fact collects) the following information, such Reports shall include: 1. the number of total claims filed, pending, settled, dismissed or that went to judgment, the total indemnity paid, and total expense paid; and 2. with respect to each claim resolved during the relevant period: a. the claimant's name; b. the claim number; c. jurisdiction, if any; d. status (open or closed); e. the date of first exposure as set forth in the complaint or as reflected by information reasonably available to the Plan Trust (as applicable); f. the asbestos product(s) or premises for which Congoleum is responsible to which the claimant alleges exposure; g. the Entity(ies) within Congoleum that the claimant alleges caused his injury; h. the alleged disease and the date of diagnosis; i. whether there is a medical diagnosis of the alleged disease;
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Claim Reporting. A. As of the Trigger Date, Lloyd's Underwriters shall have the right (upon reasonable notice and in a manner convenient to the Plan Trust, as applicable) to review and obtain from the Plan Trust all files, information and documents:
1. concerning Claims subject to payment or potential payment with the proceeds of this Agreement, and
2. required of or necessary to Lloyd's Underwriters in connection with any Claims, arbitrations, or litigations relating to reinsurance of the Settlement Amount or in connection with this Agreement.
B. For the avoidance of doubt, the relevant files, information and documents referenced in Paragraph 11.A above shall include, without limitation:
1. information from any database maintained by the Plan Trust, any information that the Plan Trust collects pursuant to the TDP, and any information included on any claim form used by the Plan Trust with respect to Asbestos Personal Injury Claims and Indirect Asbestos Claims; and
2. for each Asbestos Personal Injury Claim and Indirect Asbestos Claim resolved:
a. the Claimant's name;
b. a claim number if the Plan Trust uses such a number to identify claims;
c. status (open or closed);
d. date of first exposure, if the Plan Trust collects such information;
e. alleged disease and date of diagnosis, if the Plan Trust collects such information; and
f. the amount of indemnity paid.
C. The Plan Trust shall reasonably cooperate in obtaining and providing the files, information and documents referred to in Paragraphs 11.A and 11.B above at Lloyd's Underwriters' reasonable request and sole expense (provided that Lloyd's Underwriters shall have no obligation to pay any internal costs of the Plan Trust, including costs associated with time or expenses of the Plan Trust's employees). For the avoidance of doubt and without limitation of the foregoing, the Plan Trust will undertake all reasonable actions to cooperate with Lloyd's Underwriters in connection with their reinsurers, including (upon reasonable notice, at Lloyd's the Plan Trust, and in a manner convenient to the Plan Trust as applicable) responding to reasonable requests for information and meeting with representatives of reinsurers. Such cooperation shall include providing Lloyd's Underwriters' representative access to all claim files related to Asbestos Personal Injury Claims and Indirect Asbestos Claims maintained by the Plan Trust, including all product exposure, medical, claim status, and payment records contained in such files.
D. For the avoidance of doubt, this Section 11, and any results of such a review contemplated hereby:
1. shall not affect Lloyd's Underwriters' payment obligations under this Agreement;
2. shall not obligate the Plan Trust to collect any information from any Claimant that it is not otherwise obligated to collect; and
3. shall not give Underwriters and/or Equitas any right to challenge the allowance or payment of any Claim by the Plan Trust.
E. Lloyd's Underwriters shall not provide any "Report" (as defined i▇ in ▇▇▇▇▇▇▇▇h ▇ 11.G below), results, files, information, or documents obtained by Lloyd's Underwriters pursuant to this Section 11 (the "Materials") to any other Entity and shall keep the Materials confidential, except that Lloyd's Underwriters may:
1. provide the Materials to Entities identified in Paragraph 13.C below; and
2. use the Materials in any proceeding to obtain reinsurance with respect to the Settlement Amount or this Agreement or in connection with its compliance with applicable laws or regulations.
F. Lloyd's Underwriters shall exercise their reasonable best efforts ▇▇ ▇▇▇▇▇▇in ▇n the confidentiality of the Materials, including seeking a confidentiality pledge from any Entity with which they share the Materials and seeking a protective order in any proceeding in which they use the Materials, but Lloyd's Underwriters' right to disclose any portion of the Materials to any of the Entities identified in Paragraph 13.C below, shall not be affected if their reasonable best efforts do not result in a confidentiality pledge being given or a confidentiality order being entered. Nothing in this Section 11 shall prevent Lloyd's Underwriters or Equitas from using the Materials for their own internal purposes.
G. In the Plan Trust's sole discretion, the Plan Trust may, in response to a request from Lloyd's Underwriters pursuant to Paragraphs 11.A through 11.C, provide Lloyd's Underwriters (or their representatives) with a report concerning asbestos-related bodily injury claims activity with respect to the time period that is the subject of Lloyd's Underwriters' request for relevant files, information and documents (the "Report"). Notwithstanding anything to the contrary in this Section 11, the Plan Trust shall not be required to include in any Report any information that such the Plan Trust is not required to collect under the Plan or the TDP or that the Plan Trust in fact collects. If the Plan Trust (as applicable) is required to collect under the Plan or the TDP (or in fact collects) the following information, such Reports shall include:
1. the number of total claims filed, pending, settled, dismissed or that went to judgment, the total indemnity paid, and total expense paid; and
2. with respect to each claim resolved during the relevant period:
a. the claimant's name;
b. the claim number;
c. jurisdiction, if any;
d. status (open or closed);
e. the date of first exposure as set forth in the complaint or as reflected by information reasonably available to the Plan Trust (as applicable);
f. the asbestos product(s) or premises for which Congoleum is responsible to which the claimant alleges exposure;
g. the Entity(ies) within Congoleum that the claimant alleges caused his injury;
h. the alleged disease and the date of diagnosis;
i. whether there is a medical diagnosis of the alleged disease;
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