Common use of Adjustment for Insurance and Taxes Clause in Contracts

Adjustment for Insurance and Taxes. The amount which an Indemnifying Party is required to pay to, for or on behalf of any other party (hereinafter referred to as an "Indemnitee") pursuant to this Section 8.1 shall be adjusted (including, without limitation, retroactively) (i) by any insurance proceeds actually recovered by or on behalf of such Indemnitee in reduction of the related indemnifiable loss (the "Indemnifiable Loss"), and (ii) to take account of any tax benefit actually realized as a result of any Indemnifiable Loss. Amounts required to be paid, as so reduced, are hereafter sometimes called an "Indemnity Payment." If an Indemnitee shall have received or shall have had paid on its behalf an Indemnity Payment in respect of an Indemnifiable Loss and shall subsequently receive insurance proceeds in respect of such Indemnifiable Loss, or actually realize any tax benefit as a result of such Indemnifiable Loss, then the Indemnitee shall pay to the Indemnifying Party the amount of such insurance proceeds or tax benefit or, if lesser, the amount of the Indemnity Payment.

Adjustment for Insurance and Taxes. The amount which an Indemnifying Party is required to pay to, for or on behalf of any other party (hereinafter referred to as an "Indemnitee") pursuant to this Section 8.1 Article V shall be adjusted (including, without limitation, retroactively) (i) by any insurance proceeds actually recovered by or on behalf of such Indemnitee in reduction of the related indemnifiable loss (the "Indemnifiable Loss"), ) and (ii) to take account of any tax Tax benefit actually realized as a result of any Indemnifiable Loss. Amounts required to be paid, as so reduced, are hereafter sometimes called an "Indemnity Payment." If an Indemnitee shall have received or shall have had paid on its behalf an Indemnity Payment in respect of an Indemnifiable Loss and shall subsequently receive insurance proceeds in respect of such Indemnifiable Loss, or actually realize any tax Tax benefit as a result of such Indemnifiable Loss, then the Indemnitee shall pay to the Indemnifying Party the amount of such insurance proceeds or tax Tax benefit or, if lesser, the amount of the Indemnity Payment.

Adjustment for Insurance and Taxes. The amount which an Indemnifying Party is required to pay to, for or on behalf of any other party (hereinafter referred to as an "Indemnitee") the Indemnitee pursuant to this Article V and Section 8.1 4.3 shall be adjusted (including, without limitation, retroactively) (i) by any insurance proceeds actually recovered by or on an behalf of such Indemnitee in reduction of the related indemnifiable loss (the "Indemnifiable Loss"), ) and (ii) to take account of any tax Tax benefit actually realized as a result of any Indemnifiable Loss. Amounts required to be paid, as so reduced, are hereafter hereinafter sometimes called an "Indemnity Payment." If an Indemnitee shall have has received or shall have has had paid on its behalf an Indemnity Payment in respect of for an Indemnifiable Loss and shall subsequently receive receives insurance proceeds in respect of for such Indemnifiable Loss, or actually realize realizes any tax Tax benefit as a result of such Indemnifiable Loss, then the Indemnitee shall (i) promptly notify the Indemnifying Party of the amount and nature of such proceeds and benefits and (ii) pay to the Indemnifying Party the amount of such insurance proceeds or tax Tax benefit or, if lesser, the amount of the Indemnity Payment.

Adjustment for Insurance and Taxes. The amount which that an Indemnifying Party is required to pay to, for or on behalf of any other party (hereinafter referred to as an "Indemnitee") Indemnified Party pursuant to this Section 8.1 7.1 shall be adjusted (including, without limitation, retroactivelyretroac- tively) (i) by any insurance proceeds actually recovered by proceeds, indemnity, contribution or on behalf of such Indemnitee similar payment, paid to any Indemnified Party in reduction of the related indemnifiable loss (the "Indemnifiable Loss"), ) and (ii) to take account of any tax benefit actually realized available as a result of any Indemnifiable Loss. Amounts required to be paid, as so reduced, are hereafter hereinaf- ter sometimes called an "Indemnity Payment." If an Indemnitee Indemnified Party shall have received or shall have had paid on its behalf an Indemnity Payment in respect of an Indemnifiable Loss and shall subsequently receive become eligible for insurance proceeds proceeds, or indemnity, contribution or similar payment, in respect of such Indemnifiable Loss, or actually realize become eligible for any tax benefit as a result of such Indemnifiable Loss, then the Indemnitee Indemnified Party shall pay to the Indemnifying Party the amount of such insurance proceeds or tax benefit or, if lesser, the amount of the Indemnity Payment.

Adjustment for Insurance and Taxes. The amount which an Indemnifying Party is required to pay to, for or on behalf of any other party (hereinafter referred to as an "Indemnitee") Indemnified Party pursuant to this Section 8.1 Article 9 shall be adjusted (including, without limitation, retroactively) (i) by any insurance proceeds actually recovered by or on behalf of such Indemnitee Indemnified Party in reduction of the related indemnifiable loss (the "“Indemnifiable Loss"), ”) and (ii) to take account of any tax Tax benefit actually realized as a result of any Indemnifiable Loss. Amounts required to be paid, as so reduced, are hereafter sometimes called hereinafter referred to as an "“Indemnity Payment." ”. If an Indemnitee Indemnified Party shall have received or shall have had paid on its behalf an Indemnity Payment in respect of an Indemnifiable Loss and shall subsequently receive insurance proceeds in respect of such Indemnifiable Loss, or actually realize any tax Tax benefit as a result of such Indemnifiable Loss, then the Indemnitee Indemnified Party shall pay to the Indemnifying Party the amount of such insurance proceeds or tax Tax benefit or, if lesser, the amount of the Indemnity Payment.

Adjustment for Insurance and Taxes. The amount which an Indemnifying Party is required to pay to, for or on behalf of any other party (hereinafter referred to as an "Indemnitee") pursuant to this Section 8.1 9.1 shall be adjusted (including, without limitation, retroactively) (i) by any insurance proceeds actually recovered by or on behalf of such Indemnitee in reduction of the related indemnifiable loss (the "Indemnifiable Loss"), ) and (ii) to take account of any tax benefit actually realized as a result of any Indemnifiable Loss. Amounts required to be paid, as so reduced, are hereafter sometimes called an "Indemnity Payment." If an Indemnitee shall have received or shall have had paid on its behalf an Indemnity Payment in respect of an Indemnifiable Loss and shall the parties in good faith believe that the Indemnitee is likely to subsequently receive insurance proceeds in respect of such Indemnifiable Loss, or actually realize any tax benefit as a result of such Indemnifiable Loss, then the parties shall negotiate in good faith to determine the present value of such anticipated insurance proceeds or tax benefit and the Indemnitee shall promptly pay to the Indemnifying Party the such amount of such insurance proceeds or tax benefit or, if lesser, the amount of the Indemnity Payment.

Adjustment for Insurance and Taxes. The amount which an Indemnifying Party is required to pay to, for or on behalf of any other party (hereinafter referred to as an "Indemnitee") Indemnified Party pursuant to this Section 8.1 Article 5 shall be adjusted (including, without limitation, retroactively) (i) by any insurance proceeds actually recovered by or on behalf of such Indemnitee Indemnified Party in reduction of the related indemnifiable loss (the "Indemnifiable LossINDEMNIFIABLE LOSS"), ) and (ii) to take account of any cash tax benefit actually realized as a result of any Indemnifiable Loss. Amounts required to be paid, as so reduced, are hereafter hereinafter sometimes called an "Indemnity PaymentINDEMNITY PAYMENT." If an Indemnitee Indemnified Party shall have received or shall have had paid on its behalf an Indemnity Payment in respect of an Indemnifiable Loss and shall subsequently receive insurance proceeds in respect of such Indemnifiable Loss, or actually realize any tax benefit as a result of such Indemnifiable Loss, then the Indemnitee Indemnified Party shall pay to the Indemnifying Party the amount of such insurance proceeds or tax benefit or, if lesser, the amount of the Indemnity Payment.

Adjustment for Insurance and Taxes. The amount which an Indemnifying Party is required to pay to, for or on behalf of any other party (hereinafter referred to as an "Indemnitee") pursuant to this Section 8.1 Article VIII shall be adjusted (including, without limitation, retroactively) (i) by any insurance proceeds actually recovered by or on behalf of such Indemnitee in reduction of the related indemnifiable loss (the "Indemnifiable Loss"), ) and (ii) to take account of any tax Tax benefit actually realized as a result of any Indemnifiable Loss. Amounts required to be paid, as so reduced, are hereafter sometimes called an "Indemnity Payment." If an Indemnitee shall have received or shall have had paid on its behalf an Indemnity Payment in respect of an Indemnifiable Loss and shall subsequently receive insurance proceeds in respect of such Indemnifiable Loss, or actually realize any tax Tax benefit as a result of such Indemnifiable Loss, then the Indemnitee shall pay to the Indemnifying Party the amount of such insurance proceeds or tax Tax benefit or, if lesser, the amount of the Indemnity Payment.

Adjustment for Insurance and Taxes. The amount which an Indemnifying Party is required to pay to, for or on behalf of any the other party (hereinafter referred to as an "IndemniteeINDEMNITEE") pursuant to this Section 8.1 Article 6 shall be adjusted (including, without limitation, retroactively) (i) by any insurance proceeds actually recovered by or on behalf of such Indemnitee in reduction of the related indemnifiable loss (the "Indemnifiable LossINDEMNIFIABLE LOSS"), ) and (ii) to take account of any tax benefit actually realized as a result of any Indemnifiable Loss. Amounts required to be paid, as so reduced, are hereafter hereinafter sometimes called an "Indemnity Payment." INDEMNITY PAYMENT". If an Indemnitee shall have has received or shall have has had paid on its behalf an Indemnity Payment in respect of for an Indemnifiable Loss and shall subsequently receive receives insurance proceeds in respect of for such Indemnifiable Loss, or actually realize realizes any tax benefit as a result of such Indemnifiable Loss, then the Indemnitee shall (x) promptly notify the Indemnifying Party of the amount and nature of such proceeds and benefits and (y) pay to the Indemnifying Party the amount of such insurance proceeds or tax benefit or, if lesser, the amount of the Indemnity Payment.

Adjustment for Insurance and Taxes. The amount which that an Indemnifying Party is required to pay to, for or on behalf of any other party (hereinafter referred to as an "Indemnitee") Indemnified Party pursuant to this Section 8.1 7.1 shall be adjusted (including, without limitation, retroactively) (i) by any insurance proceeds actually recovered by proceeds, indemnity, contribution or on behalf of such Indemnitee similar payment, paid to any Indemnified Party in reduction of the related indemnifiable loss (the "Indemnifiable Loss"), ) and (ii) to take account of any tax benefit actually realized available as a result of any Indemnifiable Loss. Amounts required to be paid, as so reduced, are hereafter hereinafter sometimes called an "Indemnity Payment." If an Indemnitee Indemnified Party shall have received or shall have had paid on its behalf an Indemnity Payment in respect of an Indemnifiable Loss and shall subsequently receive become eligible for insurance proceeds proceeds, or indemnity, contribution or similar payment, in respect of such Indemnifiable Loss, or actually realize become eligible for any tax benefit as a result of such Indemnifiable Loss, then the Indemnitee Indemnified Party shall pay to the Indemnifying Party the amount of such insurance proceeds or tax benefit or, if lesser, the amount of the Indemnity Payment.