Common use of Recovery from Clause in Contracts

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.

Appears in 1 contract

Sources: Sale and Purchase Agreement (PCCW LTD)

Recovery from. Third Parties following Recovery third party after payment from the Seller If Seller. Where the Seller has paid an amount made a payment to the Purchaser in discharge of relation to any claim under this Agreement Claim and the Purchaser or any member of the Purchaser Group Company is entitled to recover recovers (whether by insurance, payment, discount, credit, relief, insurance relief or otherwise) from a third party a sum which indemnifies is referable to the matter giving rise to the Claim or compensates the Purchaser obtains any relief, saving or any Group Company (in whole or in part) in respect of the loss or liability benefit which is the subject matter of the claimso referable, the Purchaser or relevant member of the relevant Purchaser Group Company shall pay to the Seller as soon as practicable after receipt receipt: (a) an amount equal to (i) any sum the amount recovered from the third party (net of taxation and less any reasonable costs and expenses incurred in obtaining such recovery of recovery) or the value of the relief, saving or benefit obtained, calculated by reference to the amount saved (less any Taxation attributable to the recovery after taking account reasonable costs of any tax relief available in respect of any matter giving rise to the claimrecovery); or (b) or, if less (ii) the amount previously referred to in subparagraph (a) exceeds the amount paid by the Seller to the Purchaser less any Taxation attributable to itor member of the Purchaser Group in respect of the relevant Claim, such lesser amount as shall have been so paid by the Seller.

Appears in 1 contract

Sources: Asset Purchase Agreement (Ciber Inc)