Common use of Calculation of Indemnification Payments Clause in Contracts

Calculation of Indemnification Payments. The amount which any Indemnifying Party is required to pay to any Indemnified Party pursuant to this Agreement shall be reduced (including, but not limited to, retroactively) by any recovery, judgment, settlement or other amounts actually recovered, including insurance proceeds, by such Indemnified Party with respect to such liabilities. If an Indemnified Party shall have received payment with respect to liabilities and shall subsequently actually receive a recovery, judgment, settlement or other amount with respect to such liabilities, then such Indemnified Party shall promptly, but in no event later than fifteen (15) Business Days after such recovery, judgment, settlement or other amount actually received, pay to such Indemnifying Party a sum equal to the lesser of (i) the amount of such recovery, judgment, settlement or other amount actually received or (ii) the amount of payments actually received previously in respect of such Loss.

Appears in 3 contracts

Samples: Master Separation Agreement (CBS Radio Inc.), Master Separation Agreement (CBS Outdoor Americas Inc.), Master Separation Agreement (CBS Outdoor Americas Inc.)

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Calculation of Indemnification Payments. (a) The amount which any Indemnifying Party is required to pay to any Indemnified Party pursuant to this Agreement shall be reduced (including, but not limited to, retroactively) by any recovery, judgment, settlement or other amounts actually recovered, including insurance proceeds, by such Indemnified Party with respect to such liabilitiesLosses. If an Indemnified Party shall have received payment with respect to liabilities Losses and shall subsequently actually receive a recovery, judgment, settlement or other amount with respect to such liabilitiesLosses, then such Indemnified Party shall promptly, but in no event later than fifteen (15) Business Days 15 business days after such recovery, judgment, settlement or other amount actually received, pay to such Indemnifying Party a sum equal to the lesser of (i) the amount of such recovery, judgment, settlement or other amount actually received or (ii) the amount of payments actually received previously in respect of such Loss.

Appears in 2 contracts

Samples: Release and Indemnification Agreement (Blockbuster Inc), Release and Indemnification Agreement (Blockbuster Inc)

Calculation of Indemnification Payments. (a) The --------------------------------------- amount which any Indemnifying Party is required to pay to any Indemnified Party pursuant to this Agreement shall be reduced (including, but not limited to, retroactively) by any recovery, judgment, settlement or other amounts actually recovered, including insurance proceeds, by such Indemnified Party with respect to such liabilitiesLosses. If an Indemnified Party shall have received payment with respect to liabilities Losses and shall subsequently actually receive a recovery, judgment, settlement or other amount with respect to such liabilitiesLosses, then such Indemnified Party shall promptly, but in no event later than fifteen (15) Business Days 15 business days after such recovery, judgment, settlement or other amount actually received, pay to such Indemnifying Party a sum equal to the lesser of (i) the amount of such recovery, judgment, settlement or other amount actually received or (ii) the amount of payments actually received previously in respect of such Loss.

Appears in 1 contract

Samples: Release and Indemnification Agreement (Blockbuster Inc)

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Calculation of Indemnification Payments. The amount which any Indemnifying Party is required to pay to any Indemnified Party pursuant to this Agreement shall be reduced (including, but not limited to, retroactively) by any recovery, judgment, settlement or other amounts actually recovered, including insurance proceeds, by such Indemnified Party with respect to such liabilitiesLosses. If an Indemnified Party shall have received payment with respect to liabilities Losses and shall subsequently actually receive a recovery, judgment, settlement or other amount with respect to such liabilitiesLosses, then such Indemnified Party shall promptly, but in no event later than fifteen (15) Business Days 15 business days after such recovery, judgment, settlement or other amount actually received, pay to such Indemnifying Party a sum equal to the lesser of (i) the amount of such recovery, judgment, settlement or other amount actually received or (ii) the amount of payments actually received previously in respect of such Loss.

Appears in 1 contract

Samples: Release and Indemnification Agreement (Blockbuster Inc)

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