Common use of Further Indemnity Limitations Clause in Contracts

Further Indemnity Limitations. The amount of any indemnifiable Loss shall be reduced (i) to the extent any Indemnified Party actually receives any insurance proceeds with respect to such Loss, (ii) to take into account any net Tax benefit arising from the recognition of the Loss, (iii) to take into account any payment actually received by an Indemnified Party from a third party with respect to such Loss, and (iv) to the extent of any Loss that is attributable to a determination that the initial Tax Basis of the assets of the Company should not be increased by the amount of the nonqualified decommissioning liability.

Appears in 3 contracts

Sources: Purchase and Sale Agreement (British Energy PLC), Purchase and Sale Agreement (British Energy PLC), Purchase and Sale Agreement (Commonwealth Edison Co)