Common use of Calculation of Indemnity Payments Clause in Contracts

Calculation of Indemnity Payments. (a) The Indemnified Party agrees to use its commercially reasonable efforts to pursue and collect on any recovery available under any insurance policies. The amount of Losses payable under this Article VIII by the Indemnifying Party in respect of a Third Party Claim or Direct Claim shall be reduced by any and all amounts that are recoverable by the Indemnified Party under applicable insurance policies or from any other Person alleged to be responsible therefor in respect of the Losses to which such Third Party Claim or Direct Claim relates. If the Indemnified Party receives any amounts under applicable insurance policies or from any other Person alleged to be responsible for any Losses in respect of a Third Party Claim or Direct Claim, subsequent to an indemnification payment by the Indemnifying Party in respect of a Third Party Claim or Direct Claim, then such Indemnified Party shall promptly pay to the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification up to the amount received by the Indemnified Party.

Calculation of Indemnity Payments. (a) The Indemnified Party agrees to use its commercially reasonable efforts to pursue and collect on any recovery that is reasonably available under any insurance policies; provided that the Indemnified Party shall not be required to instigate litigation or other dispute resolution. The amount of Losses payable under this Article VIII IX by the Indemnifying Party in respect of a Third Party Claim or Direct Claim shall be reduced by any and all amounts that are recoverable actually recovered by the Indemnified Party under applicable insurance policies or from any other Person alleged to be responsible therefor in respect of the Losses to which such Third Party Claim or Direct Claim relates. If the Indemnified Party receives any amounts under applicable insurance policies or from any other Person alleged to be responsible for any Losses in respect of a Third Party Claim or Direct Claim, subsequent to an indemnification payment by the Indemnifying Party in respect of a Third Party Claim or Direct Claim, then such Indemnified Party shall promptly pay to the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification up to the amount received by the Indemnified Party, net of any expenses incurred by such Indemnified Party in collecting such amount (including any premium increases reasonably and in good faith related to such claim).

Calculation of Indemnity Payments. (a) The Indemnified Party agrees to use its commercially reasonable efforts to pursue and collect on any recovery available under any insurance policies. The amount of Losses payable under this Article VIII IX by the Indemnifying Party in respect of a Third Party Claim or Direct Claim shall be reduced by any and all amounts that are recoverable actually recovered by the Indemnified Party under applicable insurance policies or from any other Person alleged to be responsible therefor in respect of the Losses to which such Third Party Claim or Direct Claim relates. If the Indemnified Party receives any amounts under applicable insurance policies or from any other Person alleged to be responsible for any Losses in respect of a Third Party Claim or Direct Claim, subsequent to an indemnification payment by the Indemnifying Party in respect of a Third Party Claim or Direct Claim, then such Indemnified Party shall promptly pay to the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification up to the amount received by the Indemnified Party, net of any expenses incurred by such Indemnified Party in collecting such amount.

Calculation of Indemnity Payments. (a) The Indemnified Party agrees to use its commercially reasonable efforts to pursue and collect on any recovery available under any insurance policies. The amount of Losses payable under for which the Indemnified Party is otherwise entitled to indemnification pursuant to this Article VIII by the Indemnifying Party in respect of a Third Party Claim or Direct Claim shall ARTICLE XII will be reduced by any and all amounts that are recoverable recovered by the Indemnified Party under applicable insurance policies (in each case, calculated net of reasonable expenses incurred in procuring such recovery and any increase in premiums or from any other Person alleged to be responsible therefor in respect retroactive premium adjustments or chargebacks paid by or on behalf of such Indemnified Party as a result of the Losses insurance claim related to which such Third Party Claim or Direct Claim relatesLoss). If the an Indemnified Party receives any amounts under applicable insurance policies or from any other Person alleged to be responsible for any Losses in respect of a Third Party Claim or Direct Claim, subsequent to an indemnification payment by the Indemnifying Party in respect of a Third Party Claim or Direct ClaimParty, then such the Indemnified Party shall will promptly pay to reimburse the Indemnifying Party for any payment made or expense incurred by such the Indemnifying Party in connection with providing such indemnification up to the amount received by the Indemnified Party, net of any expenses incurred by the Indemnified Party in collecting such amount.

Calculation of Indemnity Payments. (a) The Indemnified Party agrees to use its commercially reasonable efforts to pursue and collect on any recovery available under any insurance policies. The amount of Losses payable under this Article VIII IX by the Indemnifying Party in respect of a Third Party Claim or Direct Claim 55 shall be reduced by any and all amounts that are recoverable actually recovered by the Indemnified Party under applicable insurance policies or from any other Person alleged to be responsible therefor in respect of the Losses to which such Third Party Claim or Direct Claim relates. If the Indemnified Party receives any amounts under applicable insurance policies or from any other Person alleged to be responsible for any Losses in respect of a Third Party Claim or Direct Claim, subsequent to an indemnification payment by the Indemnifying Party in respect of a Third Party Claim or Direct Claim, then such Indemnified Party shall promptly pay to the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification up to the amount received by the Indemnified Party, net of any expenses incurred by such Indemnified Party in collecting such amount.