Common use of Adjustment of Liability Clause in Contracts

Adjustment of Liability. Any indemnifiable Loss under this Section 4 shall be reduced by any tax benefit accruing to the indemnified party on account of the indemnification payment and by the amounts actually recovered by the indemnified party from its insurance carriers in respect of such Loss, and any amounts recovered by such party subsequent to the payment by the indemnifying party hereunder with respect to the same claim shall be remitted to such indemnifying party, except that such remittance shall not exceed the amount of the indemnification payment made by such indemnifying party.

Appears in 2 contracts

Samples: Investment and Registration Rights Agreement (Seacor Smit Inc), Investment and Registration Rights Agreement (Seacor Smit Inc)

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Adjustment of Liability. Any indemnifiable Loss under this Section 4 shall be reduced by any tax benefit accruing to and received by the indemnified party on account of the indemnification payment and by the amounts actually recovered by the indemnified party from its insurance carriers in respect of such Loss, and any amounts recovered by such party subsequent to the payment by the indemnifying party hereunder with respect to the same claim shall be remitted to such indemnifying party, except that such remittance shall not exceed the amount of the indemnification payment made by such indemnifying party.

Appears in 1 contract

Samples: Investment and Registration Rights Agreement (Seacor Smit Inc)

Adjustment of Liability. Any indemnifiable Loss under this Section 4 shall be reduced by any tax benefit accruing to the indemnified party on account of the indemnification payment and by the amounts actually recovered by the indemnified party from its insurance carriers in respect of such Loss, Loss and any amounts recovered by such party subsequent to the payment by the indemnifying party hereunder with respect to the same claim shall be remitted to such indemnifying party, except that such remittance shall not exceed the amount of the indemnification payment made by such indemnifying party.

Appears in 1 contract

Samples: Investment and Registration Rights Agreement (Hertzog Calamari & Gleason)

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Adjustment of Liability. Any indemnifiable ----------------------- Loss under this Section 4 shall be reduced by any tax benefit accruing to the indemnified party on account of the indemnification payment and by the amounts actually recovered by the indemnified party from its insurance carriers in respect of such Loss, and any amounts recovered by such party subsequent to the payment by the indemnifying party hereunder with respect to the same claim shall be remitted to such indemnifying party, except that such remittance shall not exceed the amount of the indemnification payment made by such indemnifying party.

Appears in 1 contract

Samples: Investment and Registration Rights Agreement (Seacor Holdings Inc)

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