Common use of Calculation of Indemnity Payments Clause in Contracts

Calculation of Indemnity Payments. The amount of any loss for which indemnification is provided under this Section 11 or Section 5.12 above shall be net of any amounts recovered or recoverable by the Indemnified Party under insurance policies with respect to such loss and shall be (a) increased to take account of any net tax cost actually incurred by the Indemnified Party arising from the receipt of the indemnity payments hereunder (grossed up for such increase), and (b) reduced to take account of any net tax benefit actually realized by the Indemnified Party arising from the incurrence or payment of any such indemnified amount. In computing the amount of any such tax cost or tax benefit, the Indemnified Party shall be deemed to recognize all other items of income, gain, loss, deduction or credit before recognizing any item arising from the receipt of any indemnity payment hereunder or the incurrence or payment of any indemnified amount.

Calculation of Indemnity Payments. The amount of any loss Loss for which indemnification is provided under this Section 11 or Section 5.12 above Article IX shall be net of any amounts recovered or recoverable by the Indemnified Party under insurance policies with respect to such loss Loss and shall be (a) increased to take account of any net tax Tax cost actually incurred by the Indemnified Party arising from the receipt of the indemnity payments hereunder (grossed up for such increase), ) and (b) reduced to take account of any net tax Tax benefit actually realized by the Indemnified Party arising from the incurrence or payment of any such indemnified amount. In computing the amount of any such tax Tax cost or tax Tax benefit, the Indemnified Party shall be deemed to recognize all other items of income, gain, loss, deduction or credit before recognizing any item arising from the receipt of any indemnity payment hereunder or the incurrence or payment of any indemnified amount.

Calculation of Indemnity Payments. The amount of any loss Loss for which indemnification is provided under this Section 11 or Section 5.12 above Article VII shall be net of any amounts recovered or recoverable by the Indemnified Party under insurance policies with respect to such loss Loss and shall be (a) increased to take account of any net tax Tax cost actually incurred by the Indemnified Party arising from the receipt of the indemnity payments hereunder (grossed up for such increase), ) and (b) reduced to take account of any net tax Tax benefit actually realized by the Indemnified Party arising from the incurrence or payment of any such indemnified amount. In computing the amount of any such tax Tax cost or tax Tax benefit, the Indemnified Party shall be deemed to recognize all other items of income, gain, loss, deduction or credit before recognizing any item arising from the receipt of any indemnity payment hereunder or the incurrence or payment of any indemnified amount.

Calculation of Indemnity Payments. The amount of any loss Loss for which indemnification is provided under this Section 11 or Section 5.12 above Article XI shall be net of any amounts recovered or recoverable by the Indemnified Party under insurance policies with respect to such loss and Loss. Such amount shall be (ay) increased to take account of any net tax Tax cost actually incurred by the Indemnified Party arising from the receipt of the indemnity payments hereunder (grossed up for such increase), ) and (bz) reduced to take account of any net tax Tax benefit actually realized by the Indemnified Party arising from the incurrence or payment of any such indemnified amount. In computing the amount of any such tax Tax cost or tax Tax benefit, the Indemnified Party shall be deemed to recognize all other items of income, gain, loss, deduction or credit before recognizing any item arising from the receipt of any indemnity payment hereunder or the incurrence or payment of any indemnified amount.

Calculation of Indemnity Payments. The amount of any loss Damages for which indemnification is provided under this Section 11 or Section 5.12 above Article IV shall be net of any amounts recovered or recoverable by the Indemnified Party under insurance policies with respect to such loss Damage and shall be (ai) increased to take account of any net tax Tax cost actually incurred by the Indemnified Party arising from the receipt of the indemnity payments hereunder (grossed up for such increase), ) and (bii) reduced to take account of any net tax Tax benefit actually realized by the Indemnified Party arising from the incurrence or payment of any such indemnified amount. In computing the amount of any such tax Tax cost or tax Tax benefit, the Indemnified Party shall be deemed to recognize all other items of income, gain, loss, deduction or credit before recognizing any item arising from the receipt of any indemnity payment hereunder or the incurrence or payment of any indemnified amount.

Calculation of Indemnity Payments. The amount of any loss Damages for which indemnification is provided under this Section 11 or Section 5.12 above Article VI shall be net of any amounts recovered or recoverable by the Indemnified Party under insurance policies with respect to such loss Damage and shall be (ai) increased to take account of any net tax Tax cost actually incurred by the Indemnified Party arising from the receipt of the indemnity payments hereunder (grossed up for such increase), ) and (bii) reduced to take account of any net tax Tax benefit actually realized by the Indemnified Party arising from the incurrence or payment of any such indemnified amount. In computing the amount of any such tax Tax cost or tax Tax benefit, the Indemnified Party shall be deemed to recognize all other items of income, gain, loss, deduction or credit before recognizing any item arising from the receipt of any indemnity payment hereunder or the incurrence or payment of any indemnified amount.