Computation of Losses. Notwithstanding anything in this Agreement to the contrary, the amount of any Losses otherwise payable to an Indemnified Party shall be reduced by the amount of net insurance proceeds actually received by such Indemnified Party as compensation for the damage or Losses caused by the act, omission, fact or circumstance giving rise to such Losses.
Appears in 2 contracts
Samples: Merger Agreement (Itc Deltacom Inc), Merger Agreement (Itc Deltacom Inc)
Computation of Losses. Notwithstanding anything in this Agreement to the contrary, the amount of any Losses otherwise payable to an Indemnified Party shall be reduced by the amount of net insurance proceeds actually received by such Indemnified Party as compensation for the damage or Losses caused by the act, or omission, fact or circumstance giving rise to such the Losses.
Appears in 2 contracts
Samples: Merger Agreement (Itc Deltacom Inc), Merger Agreement (Itc Deltacom Inc)
Computation of Losses. Notwithstanding anything in this Agreement to the contrary, the amount of any Losses otherwise payable under Sections 19(a), (b) or (c) to an Indemnified Party indemnified party shall be reduced by the amount of net insurance proceeds actually received by such Indemnified Party indemnified party (giving effect to deductibles or self insured or co-insurance payments made) as compensation for the damage or Losses caused by the act, omission, fact or circumstance giving rise to such the Losses.
Appears in 1 contract
Samples: Stock Purchase Agreement (General Environmental Management, Inc)
Computation of Losses. Notwithstanding anything in this Agreement to the contrary, the amount of any Losses otherwise payable to an Indemnified Party shall be reduced by the amount of net insurance proceeds actually received by such Indemnified Party (giving effect to deductibles or self insured or co-insurance payments made) as compensation for the damage or Losses caused by the act, or omission, fact or circumstance giving rise to such the Losses.
Appears in 1 contract
Samples: Stock Purchase Agreement (Concord Communications Inc)