Calculation of Loss Sample Clauses

Calculation of Loss. In general,

Calculation of Loss. In calculating amounts payable to an Indemnified Party, the amount of any indemnified Loss shall be computed net of (a) payments actually recovered by any Indemnified Party under any insurance policy with respect to such Loss net of expenses and (b) any actual recovery by any Indemnified Party from any Person with respect to such Loss net of expenses. Each Indemnified Party shall use commercially reasonable efforts to pursue reimbursement for Loss, including under insurance policies and indemnity arrangements.

Calculation of Loss. In calculating the Loss of the Seller for a Purchaser Breach or any other breach of this Agreement account must be taken of the amount by which any Tax for which any member of the Seller Group is now or in the future accountable or liable to be assessed is reduced or extinguished as a result of the fact, matter or circumstance giving rise to the Loss.

Calculation of Loss. For purposes of this Agreement, any inaccuracy in or breach of any representation or warranty and the calculation of the resulting Loss shall be determined without regard to any materiality, Material Adverse Change or other similar qualification contained in or otherwise applicable to such representation or warranty.

Calculation of Loss. In calculating the amount of any Loss for which any party is entitled to indemnification hereunder, the amount of any reserve, provision or accrual related to such Loss, shall be deducted to the extent reflected in Closing Net Working Capital or to the extent it is included in the calculation of the Closing Regulatory Capital Requirement and otherwise to avoid duplicative amounts.

Calculation of Loss. The loss of the insured or the proceeds from the Company shall be calculates in the following manners: 1. When the loss can be recovered from repair or washing, the Company shall bear its liability on the expenses of repair or washing. 2. When the expenses of repair or washing exceed the value of the goods, the goods shall be treated as lost goods. 3. The loss of the matters insured shall be indemnified based on the actual cash value when event insured occurs. 4. When there is partial loss of a set of or a group of matter insured, the Company shall indemnify the insured based on the reasonable estimated proportion of importance of use and value for such loss. The liability of the Company on the loss of each goods is up to NT$8,000 and the sum of proceeds shall not exceed sum insured under this policy.

Calculation of Loss. (a) The amount of any losses for which indemnification is provided under this Article XII shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies with respect to such losses (net of any tax or expenses incurred in connection with such recovery). Buyer and Seller each shall use their respective commercially reasonable efforts to recover under insurance policies any losses prior to seeking indemnification under this Agreement. To the extent that indemnification for any loss is provided under Article XII and subsequently amounts are recovered by the indemnified party under insurance policies with respect to such loss or from any third party pursuant to third-party indemnification agreements, the indemnified party shall pay to the indemnifying party all such amounts recovered by the indemnified party promptly following the receipt of such amounts. (b) If the amount of any loss for which indemnification is provided under this Article XII gives rise to a Tax Benefit to the indemnified party making the indemnification claim, then the indemnification claim shall be reduced to take account of any Tax Benefit realized by the indemnified party arising from the incurrence or payment of any such loss. If any such Tax Benefit is actually realized before the date of an indemnification payment, such indemnification payment shall be reduced to take into the account the reduction in the relevant loss as a result of such Tax Benefit. If such Tax Benefit is actually realized after the date of an indemnification payment, the indemnified party shall promptly after such Tax Benefit is actually realized make a payment to the applicable indemnifying party to take into account the reduction in the relevant loss as a result of such Tax Benefit; such payments by an indemnified party not to exceed the indemnification payments previously received by such indemnified party from the indemnified party in respect of such loss. For purposes of this Section 12.7(b), a Tax Benefit is “actually realized” to the extent that such Tax Benefit can be realized in the current taxable period or year or in any tax return with respect thereto (including through a carryback to a prior taxable period) or in any taxable period or year prior to the date of the indemnification claim.

Calculation of Loss. Loss with respect to any Default insured against hereunder shall be determined as the sum of:

Calculation of Loss. On a periodic basis, but no less than quarterly, CFC shall prepare and furnish to the Cooperative a report (each, a "loss report") setting forth: (i) each loan that was a defaulted loan; (ii) the loan loss amount for each such defaulted loan; (iii) the Cooperative loss amount; and (iv) the CFC loss amount. It shall report such information to the USDA simultaneously with the report furnished to the Cooperative.

Calculation of Loss. 14.2.1 Any Loss shall be calculated without taking into account any multiple or other method used for the calculation of the Purchase Price and paid on a DKK 1 for DKK 1 basis by cash payment. 14.2.2 The Sellers are not liable to pay indemnification against any Loss for which a specific provision or write-off with respect to the relevant Loss has been made in an Annual Report, the Interim Accounts or adjusted for in the pro forma closing balance sheet (cf. clause 5.6.1). 14.2.3 Any Loss caused by changed legislation after the Signing Date or actions taken by the Buyer or the Group after Closing cannot form the basis of a Claim against the Sellers. 14.2.4 When calculating a Loss, the Buyer must take into account any amount and any benefit that the Buyer or the Group has received from a third party as a result of the Breach, and any such amount and benefit must be set off against the Buyer’s Claim against the Sellers, including (a) any tax savings that the Buyer, the Buyer’s Affiliates or a Group Company has obtained; and (b) any compensation or other recovery (including without limitation insurance proceeds) that the Buyer, the Buyer’s Affiliates or a Group Company has received. 14.2.5 The Sellers’ indemnification against any Loss will be considered as a reduction of the Purchase Price. 14.2.6 The Buyer shall not be allowed to obtain payment or compensation twice over or in respect of the same matter or incident. If the Buyer subsequently receives payment from a third party in respect of a Loss against which the Sellers have already indemnified the Buyer, the Buyer must repay an equal amount to the Sellers with the addition of Interest from the date on which the amount was received from such third party.