Common use of Claims Not Reimbursed Clause in Contracts

Claims Not Reimbursed. Except as set forth in this Section 10.4, Duke Energy and Spectra Energy shall not be liable to one another (nor shall any member of the Duke Energy Group be liable to any member of the Spectra Energy 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 Duke Energy or Spectra Energy, 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 Duke Energy or Spectra Energy (or any of the members of their respective Groups), or any defect in such claim or its processing. The liability of Duke Energy and Spectra Energy 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 10.4(e). It is expressly understood that the foregoing provisions in this Section 10.4(d) shall not limit any Party’s liability to any other Party for indemnification pursuant to ARTICLE VII.