Common use of Claims Not Reimbursed Clause in Contracts

Claims Not Reimbursed. Except as set forth in this Section 9.4, Dover and Apergy shall not be liable to one another (nor shall any member of the Dover Group be liable to any member of the Apergy Group) for claims, or portions of claims, not reimbursed by insurers under any Third Party Shared Policy for any reason not within the control of Dover or Apergy, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of any insurance carrier(s), Third Party Shared Policy limitations or restrictions, any coverage disputes, any failure to timely file a claim by Dover or Apergy (or any of the members of their respective Groups), or any defect in such claim or its processing. The liability of Dover and Apergy to one another for such claims is expressly limited to the amount of Insurance Proceeds received with respect to such claims and allocated to the respective Parties in accordance with Section 9.4(d). It is expressly understood that the foregoing provisions in this Section 9.4(c) shall not limit any Party’s liability to any other Party for indemnification pursuant to Article VI.

Appears in 4 contracts

Sources: Separation and Distribution Agreement (DOVER Corp), Separation and Distribution Agreement (Apergy Corp), Separation and Distribution Agreement (Apergy Corp)

Claims Not Reimbursed. Except as set forth in this Section 9.4, Dover and Apergy ▇▇▇▇▇▇▇ shall not be liable to one another (nor shall any member of the Dover Group be liable to any member of the Apergy ▇▇▇▇▇▇▇ Group) for claims, or portions of claims, not reimbursed by insurers under any Third Party Shared Policy for any reason not within the control of Dover or Apergy▇▇▇▇▇▇▇, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of any insurance carrier(s), Third Party Shared Policy limitations or restrictions, any coverage disputes, any failure to timely file a claim by Dover or Apergy ▇▇▇▇▇▇▇ (or any of the members of their respective Groups), or any defect in such claim or its processing. The liability of Dover and Apergy ▇▇▇▇▇▇▇ to one another for such claims is expressly limited to the amount of Insurance Proceeds received with respect to such claims and allocated to the respective Parties in accordance with Section 9.4(d9.4(e). It is expressly understood that the foregoing provisions in this Section 9.4(c) shall not limit any Party’s liability to any other Party for indemnification pursuant to Article VI.

Appears in 4 contracts

Sources: Separation and Distribution Agreement (DOVER Corp), Separation and Distribution Agreement (Knowles Corp), Separation and Distribution Agreement (Knowles Corp)

Claims Not Reimbursed. Except as set forth in this Section 9.48.3, Dover iGATE and Apergy Mastech shall not be liable to one another (nor shall any member of the Dover iGATE Group be liable to any member of the Apergy Mastech Group) for claims, or portions of claims, not reimbursed by insurers under any Third Party Shared Policy for any reason not within the control of Dover iGATE or ApergyMastech, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of any insurance carrier(s), Third Party Shared Policy limitations or restrictions, any coverage disputes, any failure to timely file a claim by Dover iGATE or Apergy Mastech (or any of the members of their respective Groups), or any defect in such claim or its processing. The liability of Dover iGATE and Apergy Mastech to one another for such claims is expressly limited to the amount of Insurance Proceeds received with respect to such claims and allocated to the respective Parties in accordance with Section 9.4(d8.4(e). It is expressly understood that the foregoing provisions in this Section 9.4(c8.3(c) shall not limit any Party’s liability to any other Party for indemnification pursuant to Article VI.ARTICLE V.

Appears in 3 contracts

Sources: Separation and Distribution Agreement (Mastech Holdings, Inc.), Separation and Distribution Agreement (Mastech Holdings, Inc.), Separation and Distribution Agreement (Igate Corp)

Claims Not Reimbursed. Except as set forth in this Section 9.49.3, Dover ASD and Apergy WABCO shall not be liable to one another (nor shall any member of the Dover ASD Group be liable to any member of the Apergy WABCO Group) for claims, or portions of claims, not reimbursed by insurers under any Third Party Shared Policy for any reason not within the control of Dover ASD or ApergyWABCO, including coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of any insurance carrier(s), Third Party Shared Policy limitations or restrictions, any coverage disputes, any failure to timely file a claim by Dover ASD or Apergy WABCO (or any of the members of their respective Groups), or any defect in such claim or its processing. The liability of Dover ASD and Apergy WABCO to one another for such claims is expressly limited to the amount of Insurance Proceeds received with respect to such claims and allocated to the respective Parties in accordance with Section 9.4(d9.4(e). It is expressly understood that the foregoing provisions in this Section 9.4(c9.3(c) shall not limit any Party’s liability to any other Party for indemnification pursuant to Article ARTICLE VI.

Appears in 2 contracts

Sources: Separation and Distribution Agreement (WABCO Holdings Inc.), Separation and Distribution Agreement (American Standard Companies Inc)

Claims Not Reimbursed. Except as set forth in this Section 9.410.6, Dover Questar and Apergy QEP shall not be liable to one another (nor shall any member of the Dover Questar Group be liable to any member of the Apergy QEP Group) for claims, or portions of claims, not reimbursed by insurers under any Third Party Shared Policy for any reason not within the control of Dover Questar or ApergyQEP, including but not limited to coinsurance provisions, deductibles, quota share deductibles, self-insured retentions, bankruptcy or insolvency of any insurance carrier(s), Third Party Shared Policy limitations or restrictions, any coverage disputes, any failure to timely file a claim by Dover Questar or Apergy QEP (or any of the members of their respective Groups), or any defect in such claim or its processing. The liability of Dover Questar and Apergy QEP to one another for such claims is expressly limited to the amount of Insurance Proceeds received with respect to such claims and allocated to the respective Parties in accordance with Section 9.4(d10.6(e). It is expressly understood that the foregoing provisions in this Section 9.4(c10.6(d) shall not limit any Party’s liability to any other Party for indemnification pursuant to Article VIARTICLE VII.

Appears in 1 contract

Sources: Separation and Distribution Agreement (Questar Corp)