Recovery from Clause Samples

Recovery from. Third Parties following Recovery from the Seller If the Seller has paid an amount in discharge of any claim under this Agreement and the Purchaser or any Group Company is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates the Purchaser or any Group Company (in whole or in part) in respect of the loss or liability which is the subject matter of the claim, the Purchaser or the relevant Group Company shall pay to the Seller as soon as practicable after receipt an amount equal to (i) any sum recovered from the third party less any costs and expenses incurred in obtaining such recovery (less any Taxation attributable to the recovery after taking account of any tax relief available in respect of any matter giving rise to the claim) or, if less (ii) the amount previously paid by the Seller to the Purchaser less any Taxation attributable to it.
View SourceView Similar (2)
Recovery from. Others We have your rights to recover our payment from anyone liable for an injury covered by this insurance. You will do everything necessary to protect those rights for us and to help us enforce them. H. Actions Against Us There will be no right of action against us under this insurance unless: 1. you have complied with all terms of this policy; and 2. the amount you owe has been determined with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a defendant in an action against you to determine your liability. PART THREE-YOUR DUTIES IF INJURY OCCURS Tell us at once if injury occurs that may be covered by this policy. Your other duties are listed here. legal papers related to the injury, claim, proceeding or suit. 1. Provide for immediate medical and other services required by the Volunteer Ambulance Workers’ Benefit Law 4. Cooperate with us and assist us, as we may request, in the investigation, settlement or defense of any claim, proceeding or suit. 2. Give us or our agent the names and addresses of the injured persons and of witnesses, and other information we may need. 3. Promptly give us all notices, demands and 5. Do nothing after an injury occurs that would interfere with our right to recover from others. 6. Do not voluntarily make payments, assume obligations or incur, expenses, except at your own cost. PART FOUR-PREMIUM A. Our Manuals All premium for this policy will be determined by our manuals of rules, rates, rating plans and classifications. We may change our manuals and apply the changes to this policy if authorized by law or a governmental agency regulating this insurance. procedures. Final premium will not be less than the minimum premium shown on the Information Page.
View Source
Recovery from. Others We have your rights, and the rights of persons entitled to benefits of this insurance, to recover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them. G. Statutory Provisions These statements apply where they are required by law. 1. As between an injured volunteer ambulance worker and us, we have notice of the injury when you have notice. 2. Your default or the bankruptcy or insolvency of you or your estate will not relieve us of our duties under this insurance after an injury occurs. 3. We are directly and primarily liable to any person entitled to the benefits payable by this insurance. Those persons may enforce our duties; so may an agency authorized by law. Enforcement may be against us or against you and us. 4. Jurisdiction over you is jurisdiction over us for the purposes of the Volunteer Ambulance Workers’ Benefit Law. We are bound by decisions against you under this law, subject to the provisions of this policy that are not in conflict with that law. 5. This insurance conforms to the parts of the Volunteer Ambulance Workers’ Benefit Law that apply to: a. benefits payable by this insurance; b. special taxes, payments into security or other special funds, and assessments payable by us under this law. 6. Terms of this insurance that conflict with the Volunteer Ambulance Workers’ Benefit Law are changed by this statement to conform to that law. Nothing in these paragraphs relieves you of your duties under this policy. PART TWO-
View Source
Recovery from third parties and reimbursement if subsequent recovery from third parties (a) Where the Buyer is or may be entitled to recover from any third party (including under a Third Party Claim) any sum in respect of any matter or event which could give rise to a Warranty Claim, the Buyer must use its reasonable endeavours to recover that sum provided that (subject to clause 16.18(b)) nothing in this clause 16.18(a) is intended to limit the Buyer’s ability to bring a Warranty Claim against the Seller. (b) If the Buyer or any Related Entity of the Buyer receives any payment from or on behalf of the Seller for any Warranty Claim (Seller Payment) and the Buyer or any Related Entity of the Buyer subsequently recovers any amount from any third party (including under a Third Party Claim) for anything causing that Warranty Claim (Recovered Amount), the Buyer must promptly: (i) notify the Seller of the Recovered Amount; and (ii) pay the Seller an amount equal to the lesser of: (A) the Recovered Amount less any reasonable costs and expenses incurred by the Buyer or any Related Entity of the Buyer (as the case may be) in making that recovery; and (B) the Seller Payment.
View Source

Related to Recovery from

  • RECOVERY FROM THIRD PARTIES 11.1 If 11.1.1 the Seller makes a payment in respect of a Warranty Claim by the Purchaser (the “Damages Payment”); 11.1.2 any member of the Purchaser’s Group recovers from a third party (including pursuant to any insurance policy) any sum in cash or in kind which compensates it in respect of the Loss which is the subject matter to that Warranty Claim (the “Third Party Sum”); 11.1.3 the receipt of that Third Party Sum was not taken into account in calculating the Damages Payment; and 11.1.4 the aggregate of the Third Party Sum and the Damages Payment exceeds the amount required to compensate the Purchaser in full for the Loss or Liability which gave rise to the Warranty Claim in question, such excess being the “Excess Recovery”, then the Purchaser shall, promptly on receipt of the Third Party Sum by any member of the Purchaser’s Group, repay to the Seller an amount equal to the lower of (i) the Excess Recovery and (ii) the Damages Payment, after deducting (in either case) all additional Tax and any costs incurred by the Purchaser or the relevant member of the Purchaser’s Group in recovering that Third Party Sum. 11.2 If, before the Seller pays any amount in respect of any Warranty Claim under this Agreement, any EDS Entity is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates any relevant member of the Purchaser’s Group (in whole or in part) in respect of the Loss or Liability which is the subject matter of the Warranty Claim, the Purchaser shall procure that, before steps are taken against the Seller, the Purchaser will make reasonable efforts to enforce recovery against the third party and any actual recovery shall reduce or satisfy, as applicable, such Warranty Claim to the extent of such recovery, provided that the Seller first indemnifies the Purchaser’s Group and the EDS Entities against any Tax that may be suffered on receipt of any sum recovered thereunder, together with any costs or expenses incurred in recovering such sum.

  • Recoveries If we pay an insured for loss under this policy and lost or damaged property is recovered or payment is made by those responsible for the loss, the following provisions apply: a. The insured must notify us or we will notify the insured promptly if either recovers the property or receives payment. b. Any proper expenses incurred by either party in making the recovery are reimbursed first. c. The insured may keep recovered property by refunding us the amount of the claim paid or any lesser amount to which we agree. d. If the claim paid is less than the agreed loss due to a deductible, special limit of insurance or other limiting terms of the policy, any recovery will be pro-rated between the insured and us based on our respective interests in the loss.

  • Cost Recovery Fee You understand and agree that in order for XOOM to offer and fulfill its fixed rate obligation to you, it has to purchase electricity in advance of usage in amounts needed to cover the full term of this Agreement. If you cancel this Agreement early, you will be responsible for paying the cost recovery fee (“Cost Recovery Fee”) set forth in the Contract Summary, which is intended not as a penalty, but simply to offset the cost of selling the unused portion of your electricity to others and estimated lost revenue that XOOM may incur from such a sale, if any, and related expenses. It will take time for your local utility company to cancel your XOOM account. During that time you agree to pay for the electricity you consume that is supplied by XOOM.

  • STUDENT TUITION RECOVERY FUND “The State of California established the Student Tuition Recovery Fund (STRF) to relieve or mitigate economic loss suffered by a student in an educational program at a qualifying institution, who is or was a California resident while enrolled, or was enrolled in a residency program, if the student enrolled in the institution, prepaid tuition, and suffered an economic loss. Unless relieved of the obligation to do so, you must pay the state-imposed assessment for the STRF, or it must be paid on your behalf, if you are a student in an educational program, who is a California resident, or are enrolled in a residency program, and prepay all or part of your tuition. You are not eligible for protection from the STRF, and you are not required to pay the STRF assessment, if you are not a California resident, or are not enrolled in a residency program.”

  • Recovery Each Protected Person shall use its reasonable efforts to pursue other third-party sources of indemnification in respect of any Liabilities for which it or any Protected Person may require indemnification in accordance with this Section 4. If any Protected Person recovers any amounts in respect of any Liabilities from insurance coverage or any third-party source, then such Protected Person shall, to the extent that such recovery is duplicative, reimburse the Issuer for any amounts previously paid to it by the Issuer in respect of such Liabilities.