Common use of Losses Net of Insurance, Etc Clause in Contracts

Losses Net of Insurance, Etc. The amount of any Loss for which indemnification is provided under Section 6.1 or Section 6.2 shall be net of (i) any amounts recovered by the Indemnified Party pursuant to any indemnification by or indemnification agreement with any Third Party, or (ii) any insurance proceeds (net of any increase in premiums directly relating to such Loss as reasonably demonstrated by the Indemnified Party) or other funds received directly by the Indemnified Party as an offset against such Loss (each Person named in clauses (i) and (ii), a “Collateral Source”). If the amount to be netted hereunder from any payment required under Section 6.1 or Section 6.2 is determined after payment by the Indemnifying Party of any amount otherwise required to be paid to an Indemnified Party pursuant to this ARTICLE VI, the Indemnified Party shall repay to the Indemnifying Party, promptly after such determination, any amount that the Indemnifying Party would not have had to pay pursuant to this ARTICLE VI had such determination been made at the time of such payment.

Losses Net of Insurance, Etc. The amount of any Loss for which indemnification is provided under Section 6.1 7.2 or Section 6.2 7.3 shall be net of (i) any amounts recovered by the Indemnified Party pursuant to any indemnification by or indemnification agreement with any Third Party, or (ii) any insurance proceeds (net of any increase in premiums directly relating to such Loss as reasonably demonstrated by the Indemnified Party) or other funds received directly by the Indemnified Party as an offset against such Loss (each Person named in clauses (i) and (ii), a “Collateral Source”). If the amount to be netted hereunder in connection with a Collateral Source from any payment required under Section 6.1 7.2 or Section 6.2 7.3 is determined received after payment by the Indemnifying Party of any amount otherwise required to be paid to an Indemnified Party pursuant to this ARTICLE VIArticle VII, the Indemnified Party shall repay to the Indemnifying Party, promptly after such determinationreceipt, any amount that the Indemnifying Party would not have had to pay pursuant to this ARTICLE VI Article VII had such determination been made receipt occurred at the time of such payment. Each Party shall use commercially reasonable efforts to mitigate Losses for which it intends to seek indemnification hereunder. The party seeking indemnification under this Article VII shall not be entitled to recover any Losses relating to any matter arising under one provision of this Agreement to the extent that such party has already recovered such Losses with respect to such matter pursuant to other provisions of this Agreement.

Losses Net of Insurance, Etc. The amount of any Loss for which indemnification is provided under Section 6.1 8.01 or Section 6.2 8.02 shall be net of (ia) any amounts actually recovered by the Indemnified Party pursuant to any indemnification by or indemnification agreement with any Third Partynon-affiliated third party, or (iib) any insurance proceeds (net of any increase in premiums directly relating to such Loss as reasonably demonstrated by the Indemnified Party) or other funds actually received directly by the Indemnified Party as an offset against such Loss (Loss, in each Person named in clauses (i) case, net of any costs of recovery and (ii), a “Collateral Source”)c) any Tax benefit actually realized by the Indemnified Party or its Affiliates with respect to such Losses. If the amount to be netted hereunder from any payment required under Section 6.1 8.01 or Section 6.2 8.02 is determined after payment by the Indemnifying Party of any amount otherwise required to be paid to an Indemnified Party pursuant to this ARTICLE VIVIII, the Indemnified Party shall repay to the Indemnifying Party, promptly after such determination, any amount that the Indemnifying Party would not have had to pay pursuant to this ARTICLE VI VIII had such determination been made at the time of such paymentpayment solely to avoid duplicative recovery for the same Loss, but not in excess of any amount previously so paid by the Indemnifying Party to or on behalf of the Indemnified Party in respect of such matter.

Losses Net of Insurance, Etc. The amount of any Loss for which indemnification is provided under Section 6.1 8.01 or Section 6.2 8.02 shall be net of (ia) any amounts actually recovered by the Indemnified Party pursuant to any indemnification by or indemnification agreement with any Third Party, non-affiliated third party or (iib) any insurance proceeds (net of any increase in premiums directly relating to such Loss as reasonably demonstrated by the Indemnified Party) or other funds actually received directly by the Indemnified Party as an offset against such Loss (Loss, in each Person named in clauses (i) case, net of any costs of recovery. The Indemnified Party shall use reasonable efforts to recover any such indemnification or insurance proceeds if and (ii), a “Collateral Source”)to the extent available. If the amount to be netted hereunder from any payment required under Section 6.1 8.01 or Section 6.2 8.02 is determined after payment by the Indemnifying Party of any amount otherwise required to be paid to an Indemnified Party pursuant to this ARTICLE VIVIII, the Indemnified Party shall repay to the Indemnifying Party, promptly after such determination, any amount that the Indemnifying Party would not have had to pay pursuant to this ARTICLE VI VIII had such determination been made at the time of such payment. The Indemnifying Party may require, as a condition to the provision of any indemnification hereunder, that the Indemnified Party execute an undertaking consistent with its obligations set forth in this Section 8.07.