Common use of Calculation of Losses Clause in Contracts

Calculation of Losses. The amount of any Loss for which indemnification is provided under this Article VIII 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 incurred by the Indemnified Party arising from the receipt of indemnity payments hereunder (grossed up for such increase) and (b) reduced to take account of any net Tax benefit realized by the Indemnified Party arising from the incurrence or payment of any such Loss.

Calculation of Losses. The amount of any Loss Losses for which indemnification is provided under this Article VIII IX shall be net of any amounts actually recovered or recoverable by the Indemnified Party under insurance policies or otherwise with respect to such Loss and Losses but shall not be (a) increased to take account reduced by the net present value of any net Tax cost incurred by the Indemnified Party arising from the receipt of indemnity payments hereunder (grossed up for such increase) and (b) reduced benefits realized or expected to take account of any net Tax benefit be realized by the Indemnified Party. The Indemnified Party arising from the incurrence shall use its commercially reasonable efforts to mitigate any Losses and recover under insurance policies or payment of otherwise for any such LossLosses.

Calculation of Losses. The amount of any Loss Losses for which indemnification is provided under this Article VIII VII shall be net of any amounts recovered or recoverable by the Indemnified Party under insurance policies with respect to such Loss Losses (net of any Tax or expenses incurred in connection with such recovery). Each Indemnified Person shall take, and shall cause its Affiliates to take, all commercially reasonable efforts to mitigate and otherwise minimize the Losses upon, and after becoming aware of, any event which would reasonably be (a) increased expected to take account of give rise to any net Tax cost incurred by the Indemnified Party arising from the receipt of indemnity payments hereunder (grossed up for such increase) and (b) reduced to take account of any net Tax benefit realized by the Indemnified Party arising from the incurrence or payment of any such LossLosses.

Calculation of Losses. The amount of any Loss Losses for which indemnification is provided under this Article VIII 12 shall be net of any amounts actually recovered or recoverable by the Indemnified Party under insurance policies with respect to such Loss Losses and shall be (a) increased any Tax benefit actually received to take account of any net Tax cost incurred by the Indemnified Party by reason of such Losses (less expenses incurred in obtaining such insurance amounts and excluding any Tax benefit arising from the receipt of indemnity payments hereunder (grossed up for such increase) and (b) reduced to take account of any net a timing difference under Tax benefit realized by the Indemnified Party arising from the incurrence or payment of any such Losslaw).

Calculation of Losses. The amount of any Loss for which indemnification is provided under this Article VIII ARTICLE IX shall be net of any amounts actually recovered or recoverable by the any Indemnified Party under insurance policies or any other source of indemnification with respect to such Loss and shall be (a) increased to take account Loss, less any expenses incurred in pursuing such insurance proceeds or other source of any net Tax cost incurred by indemnification; provided, that the Indemnified Party arising from the receipt of indemnity payments hereunder (grossed up for such increase) and (b) reduced shall not be obligated to take account of commence any net Tax benefit realized by the Indemnified Party arising from the incurrence or payment of Proceeding to obtain any such Lossremedy.

Calculation of Losses. The amount of any Loss for which indemnification is provided under this Article VIII shall be net of any amounts recovered or recoverable by the Indemnified Party indemnified party under insurance policies with respect to such Loss and shall be (a) increased to take account of any net Tax cost incurred by the Indemnified Party arising from the receipt of indemnity payments hereunder (grossed up for such increase) and (b) reduced to take account of any net Tax benefit realized by the Indemnified Party arising from the incurrence or payment of any such Loss.

Calculation of Losses. The amount of any Loss for which indemnification is provided under this Article VIII IX shall be net of any amounts recovered or recoverable by the Indemnified Party indemnified party under insurance policies with respect to such Loss and shall be (a) increased to take account of any net Tax cost incurred by the Indemnified Party arising from the receipt of indemnity payments hereunder (grossed up for such increase) and (b) reduced to take account of any net Tax benefit realized by the Indemnified Party arising from the incurrence or payment of any such Loss.

Calculation of Losses. The amount of any Loss for which indemnification is provided under this Article VIII IX shall be net of any amounts recovered or recoverable by the Indemnified Party under any insurance policies policy or against any third party with respect to such Loss and shall be (a) increased to take account of any net Tax cost incurred by the Indemnified Party arising from the receipt of indemnity payments hereunder (grossed up for such increase) and (b) reduced to take account of any net Tax benefit realized by the Indemnified Party arising from the incurrence or payment of any such Loss.

Calculation of Losses. The amount of any Loss Losses for which indemnification is provided under this Article VIII VII shall be net of any amounts actually recovered or recoverable by the Indemnified Party under insurance policies with respect to such Loss Losses (net of any Tax or expenses incurred in connection with such recovery). Each Indemnified Person shall take, and shall cause its Affiliates to take, all commercially reasonable efforts to mitigate and otherwise minimize the Losses upon, and after becoming aware of, any event which would reasonably be (a) increased expected to take account of give rise to any net Tax cost incurred by the Indemnified Party arising from the receipt of indemnity payments hereunder (grossed up for such increase) and (b) reduced to take account of any net Tax benefit realized by the Indemnified Party arising from the incurrence or payment of any such LossLosses.

Calculation of Losses. The amount of any Loss Losses for which indemnification is provided under this Article VIII shall be net of any amounts actually recovered or recoverable by the Indemnified Party under insurance policies or otherwise with respect to such Loss and Losses but shall not be (a) increased to take account reduced by the net present value of any net Tax cost incurred by the Indemnified Party arising from the receipt of indemnity payments hereunder (grossed up for such increase) and (b) reduced benefits realized or expected to take account of any net Tax benefit be realized by the Indemnified Party. The Indemnified Party arising from the incurrence shall use its commercially reasonable efforts to mitigate any Losses and recover under insurance policies or payment of otherwise for any such LossLosses.

Calculation of Losses. The amount of any Loss for which indemnification is provided under this Article VIII VII shall be net of any amounts recovered or recoverable by the Indemnified Party indemnified party under insurance policies with respect to such Loss. The amount of the Loss and arising out of any item for which the indemnified party has been compensated under Section 1.05 shall be (a) increased to take account calculated net of any net Tax cost incurred by the Indemnified Party arising from the receipt of indemnity payments hereunder (grossed up for such increase) and (b) reduced to take account of any net Tax benefit realized by the Indemnified Party arising from the incurrence or payment of any such Lossamount so included.