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Common use of Calculation of Losses Clause in Contracts

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

Appears in 17 contracts

Samples: Contribution Agreement (Hi-Crush Partners LP), Purchase Agreement (USA Compression Holdings, LLC), Contribution Agreement (USA Compression Partners, LP)

Calculation of Losses. In calculating amounts payable to an Indemnified Party, the The amount of any indemnified Losses payable by the Indemnifying Party to the Indemnified Party shall be computed net of take into account any (ai) payments actually amounts recovered or recoverable by any the Indemnified Party under any applicable insurance policy policies (with respect to such Losses net third party carriers), (ii) Tax cost incurred by the Indemnified Party arising from the receipt of expenses indemnity payments and (biii) any actual recovery Tax benefit actually realized by any the Indemnified Party arising from the incurrence or payment of any Person with respect to such Losses net of expenses. Each Indemnified Party shall use commercially reasonable efforts to pursue reimbursement for Losses, including under insurance policies and indemnity arrangementsLoss.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Verizon Wireless Inc), Stock Purchase Agreement (Verizon Wireless Inc)

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

Appears in 2 contracts

Samples: Purchase Agreement (Chesapeake Energy Corp), Purchase Agreement (Chesapeake Energy Corp)

Calculation of Losses. In calculating The Indemnified Party shall act in good faith to collect insurance proceeds owed to it under applicable insurance policies in connection with any Losses. The amount of any Losses payable under this Article 8 by the Indemnifying Party shall be net of any amounts payable to an actually recovered by the Indemnified Party, Party under applicable insurance policies (less the amount of any indemnified Losses shall be computed net of (a) payments actually recovered deductible or increase in premium paid or payable by any the Indemnified Party under any insurance policy with respect to such Losses net of expenses and (b) any actual recovery by any Indemnified Party from any Person with respect to such Losses net of expenses. Each Indemnified Party shall use commercially reasonable efforts to pursue reimbursement for Losses, including under insurance policies and indemnity arrangementsin connection therewith).

Appears in 1 contract

Samples: Stock Purchase Agreement (First Ipswich Bancorp /Ma)

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

Appears in 1 contract

Samples: Purchase Agreement (Oneok Inc /New/)

Calculation of Losses. In calculating amounts payable to an indemnified party (β€œIndemnified Party”), the amount of any indemnified Losses shall be computed net of (ai) payments actually recovered by any the Indemnified Party under any insurance policy with respect to such Losses net of expenses and Losses, (bii) any prior or subsequent actual recovery by any the Indemnified Party from any Person with respect to such Losses net and (iii) any Tax Benefit to the extent such Tax Benefit is actually recognized in the year of expenses. Each Indemnified Party shall use commercially reasonable efforts to pursue reimbursement for Losses, including under insurance policies and indemnity arrangementsthe related indemnification payment or earlier.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chesapeake Midstream Partners, L.P.)