Calculation of Indemnity Payments. (a) The amount of any Loss for which indemnification is provided under this Article XII shall be net of any amounts recovered by the Indemnified Party under insurance policies with respect to such Loss.
Appears in 4 contracts
Samples: Voting Agreement (Weyerhaeuser Real Estate Co), Voting Agreement (Weyerhaeuser Co), Voting Agreement (Weyerhaeuser Co)
Calculation of Indemnity Payments. (a) The amount of any Loss for which indemnification is provided under this Article XII shall be net of any amounts recovered by the Indemnified Party under insurance policies with respect to such Loss and shall also take into account any increase in applicable insurance premiums with respect to such insurance proceeds. The Indemnified Party shall not be entitled to be indemnified more than once for the same Loss.
Appears in 3 contracts
Samples: Agreement, Transaction Agreement (Naspers LTD), Transaction Agreement (MakeMyTrip LTD)
Calculation of Indemnity Payments. (a) The amount of any Loss for which indemnification is provided under this Article XII IX shall be net of any amounts directly recovered or recoverable by the Indemnified Party (including under insurance policies policies) with respect to such Loss.
Appears in 2 contracts
Samples: Business Combination Agreement (Osmotica Pharmaceuticals PLC), Business Combination Agreement (Osmotica Pharmaceuticals LTD)
Calculation of Indemnity Payments. (a) The amount of any Loss for which indemnification is provided under this Article XII VIII or Article IX shall be net of any amounts actually recovered by the Indemnified Party (including under insurance policies policies) with respect to such Loss.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Dova Pharmaceuticals, Inc.), Stock Purchase Agreement (Dova Pharmaceuticals, Inc.)
Calculation of Indemnity Payments. (a) The amount of any Loss for which indemnification is provided under this Article XII IX or Article X hereof shall be net of any amounts recovered by the Indemnified Party (including under insurance policies policies) with respect to such Loss.
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Calculation of Indemnity Payments. (a) The amount of any Loss for which indemnification is provided under this Article XII IX shall be net of any amounts actually recovered by the Indemnified Party under insurance policies with respect to such LossLoss (provided that an Indemnified Party shall have no affirmative obligation to seek recovery under any insurance policies).
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