Common use of Calculation of Damages Clause in Contracts

Calculation of Damages. (1) The amount of any Damages payable under Section 4.A and 4.B by the Indemnifying Party shall be net of any amounts recovered by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies. (2) If the Indemnified Party receives an amount under insurance coverage or from a third party with respect to Damages at any time subsequent to any indemnification provided by the Indemnifying Party pursuant to Section 4.A and 4.B, then such Indemnified Party shall promptly reimburse the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification up to such amount received by such Indemnified Party, but net of any expenses incurred by such Indemnified Party in collecting such amount.

Calculation of Damages. (1) The amount of any Damages payable under Section 4.A 7.A and 4.B 7.B by the Indemnifying Party shall be net of any amounts recovered by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies. (2) If the Indemnified Party receives an amount under insurance coverage or from a third party with respect to Damages at any time subsequent to any indemnification provided by the Indemnifying Party pursuant to Section 4.A 7.A and 4.B7.B, then such Indemnified Party shall promptly reimburse the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification up to such amount received by such Indemnified Party, but net of any expenses incurred by such Indemnified Party in collecting such amount. (3) In no event shall either Buyers or Sellers be liable to the other party for any consequential damages or lost profits in excess of $750,000.

Calculation of Damages. (1a) The amount of any Damages payable under Section 4.A and 4.B 10.02 or Section 10.04 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts policies, from any other third party with indemnification obligations or from any other Person alleged to collect any amounts available under such insurance policies. (2) be responsible therefor. If the Indemnified Party receives an amount any amounts under applicable insurance coverage or policies, from a any other third party with respect indemnification obligations or from any other Person alleged to Damages at be responsible for any time Damages, subsequent to any an indemnification provided payment by the Indemnifying Party pursuant to Section 4.A and 4.BParty, then such Indemnified Party shall promptly reimburse the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification payment up to such the amount received by such the Indemnified Party, but net of any expenses incurred by such Indemnified Party in collecting such amount.

Calculation of Damages. (1a) The amount of any Damages payable under Section 4.A and 4.B 12.02(a) or Section 12.03(a), as applicable, by the Indemnifying Party shall be net of any amounts actually recovered by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts or from any other Person alleged to collect any amounts available under such insurance policies. (2) be responsible therefor. If the Indemnified Party receives an amount any amounts under applicable insurance coverage policies or from a third party with respect any other Person alleged to Damages at be responsible for any time subsequent to any indemnification provided by Damages, after the Indemnifying Party pursuant to Section 4.A and 4.Bmakes an indemnification payment in respect of such Damages, then such the Indemnified Party shall promptly reimburse the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification payment up to such the amount received by such the Indemnified Party, but net of any expenses incurred by such Indemnified Party in collecting such amount.

Calculation of Damages. (1a) The amount of any Damages payable under Section 4.A and 4.B 11.02 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies and (excluding self-insurance arrangements of the Indemnified Party shall use commercially reasonable efforts Party) or from any other Person alleged to collect any amounts available under such insurance policies. (2) be responsible therefor. If the Indemnified Party receives an amount any amounts under any such applicable insurance coverage policies, or from a third party with respect any other Person alleged to Damages at be responsible for any time Damages, subsequent to any an indemnification provided payment by the Indemnifying Party pursuant to Section 4.A and 4.BParty, then such Indemnified Party shall promptly reimburse the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification payment up to such the amount received by such the Indemnified Party, but net of any expenses incurred by such Indemnified Party in collecting such amount.

Calculation of Damages. (1a) The amount of any Damages payable under Section 4.A and 4.B ‎Section 9.02 by the Indemnifying Party shall be net of any (i) amounts recovered or recoverable by the Indemnified Party under applicable insurance policies policies, or from any other Person alleged to be responsible therefor and (ii) the amount of any Tax benefit actually realized by the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies. (2) as a result of the incurrence of the relevant Damages. If the Indemnified Party receives an amount any amounts under applicable insurance coverage policies, or from a third party with respect any other Person alleged to Damages at be responsible for any time Damages, subsequent to any an indemnification provided payment by the Indemnifying Party pursuant to Section 4.A and 4.BParty, then such Indemnified Party shall promptly reimburse the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification payment up to such the amount received by such the Indemnified Party, but net of any expenses incurred by such Indemnified Party in collecting such amount.

Calculation of Damages. (1a) The amount of any Damages payable under Section 4.A and 4.B 5.02 by the Indemnifying Party shall be net of any (i) amounts recovered or recoverable by the Indemnified Party under applicable insurance policies or from any other Person alleged to be responsible therefor, and (ii) tax benefit realized by the Indemnified Party shall use commercially reasonable efforts to collect arising from the incurrence or payment of any amounts available under such insurance policies. (2) Damages. If the Indemnified Party receives an amount any amounts under applicable insurance coverage policies, or from a third party with respect any other Person alleged to Damages at be responsible for any time Damages, subsequent to any an indemnification provided payment by the Indemnifying Party pursuant to Section 4.A and 4.BParty, then such Indemnified Party shall promptly reimburse the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification payment up to such the amount received by such the Indemnified Party, but net of any expenses incurred by such Indemnified Party in collecting such amount.