Common use of Available Insurance Limitation Clause in Contracts

Available Insurance Limitation. The amount of any recovery for indemnification pursuant to Section 10.1 or Section 10.2, above, shall be determined after taking into account all amounts to which the indemnified party is entitled and actually receives under the provisions of all insurance policies with third parties (i.e. actual insurance policies and not self-insurance or retention programs) subject to offset for any increase in premiums attributable to such losses or payments made in respect of such losses. The parties agree to use reasonable efforts to collect amounts available under any such insurance policies.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Aremissoft Corp /De/), Purchase and Sale Agreement (Verso Technologies Inc)

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Available Insurance Limitation. The amount of any recovery for indemnification pursuant to Section 10.1 Clause 11.3 or Section 10.2, 11.4 above, shall be determined after taking into account all amounts to which the indemnified party is entitled and actually receives under the provisions of all insurance policies with third parties (i.e. actual insurance policies and not self-insurance or retention programs) in existence prior to Completion Date (subject to offset for any increase in premiums attributable to such losses or payments made in respect of such losses). The parties agree to use reasonable efforts to collect amounts available under any such insurance policies.

Appears in 1 contract

Samples: Purchase Agreement (Aremissoft Corp /De/)

Available Insurance Limitation. The amount of any recovery for indemnification pursuant to Section 10.1 9.1 or Section 10.29.2, above, shall be determined after taking into account all amounts to which the indemnified party is entitled and actually receives under the provisions of all insurance policies with third parties (i.e. actual insurance policies and not self-insurance or retention programs) subject to offset for any increase in premiums attributable to such losses or payments made in respect of such losses. The parties agree to use reasonable efforts to collect amounts available under any such insurance policies.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Aremissoft Corp /De/)

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Available Insurance Limitation. The amount of any recovery for indemnification pursuant to Section 10.1 clause 10 or Section 10.2, clause 11 above, shall be determined after taking into account all amounts to which the indemnified party is entitled and actually receives under the provisions of all insurance policies with third parties (i.e. actual insurance policies and not self-insurance or retention programs) subject to offset for any increase in premiums attributable to such losses or payments made in respect of such losses. The parties agree to use reasonable efforts to collect amounts available under any such insurance policies.

Appears in 1 contract

Samples: Deed of Sale and Purchase of Business (Aremissoft Corp /De/)

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