Sources of Payment. To the extent any party hereto or any of its Affiliates is entitled to indemnification for Losses under this Article IX and such entitlement has either not been disputed by the other party hereto within the time periods established in this Article IX or any dispute related thereto has been resolved in favor of such party in accordance with this Article IX (and such resolution has become final and non-appealable), then such party or Affiliate may (but shall not be required to) set off such amounts against (and deduct them from) any amounts owing to the other party or any of its Affiliates under this Agreement or any Related Agreement but only with respect to any indemnification right which has been so resolved and become final and non-appealable. The foregoing right is in addition to any other rights that the parties may have for indemnification.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Watsco Inc), Stock and Asset Purchase Agreement (Watsco Inc)