Net Amounts. Any amounts recoverable by any party pursuant to this Article XI with respect to any Buyer's Losses or Seller's Losses, as the case may be, shall be increased by any net tax costs to the Indemnified Party (Taxes incurred with respect to any indemnity payment less tax benefits resulting from the circumstances serving as the basis for such Buyer's Loss or Seller's Loss, as the case may be) and shall be decreased by (i) any net tax benefit to the Indemnified Party (tax benefits less Taxes incurred, as calculated above), and (ii) insurance proceeds or other amounts relating to such Buyer's Loss or Seller's Loss, as the case may be, paid to such Indemnified Party by any Person (other than any Affiliate of such Indemnified Party) not a party to this Agreement.
Appears in 2 contracts
Sources: Asset Purchase and Sale Agreement (Swift Energy Co), Asset Purchase and Sale Agreement (EV Energy Partners, LP)
Net Amounts. Any amounts recoverable by any party pursuant to this Article XI with respect to any Buyer's Losses ’s Loss or Seller's Losses’s Loss, as the case may be, shall be increased by any net tax costs to the Indemnified Party indemnified party (Taxes taxes incurred with respect to any indemnity payment less tax benefits resulting from the circumstances serving as the basis for such Buyer's ’s Loss or Seller's ’s Loss, as the case may be) and shall be decreased by (i) any net tax benefit to the Indemnified Party indemnified party (tax benefits less Taxes taxes incurred, as calculated above), and (ii) insurance proceeds or other amounts relating to such Buyer's ’s Loss or Seller's ’s Loss, as the case may be, paid to such Indemnified Party indemnified party by any Person person (other than any Affiliate of such Indemnified Partyindemnified party) not a party to this Agreement.
Appears in 1 contract
Sources: Asset Purchase and Sale Agreement (Constellation Energy Partners LLC)