Common use of Determination of Damages and Related Matters Clause in Contracts

Determination of Damages and Related Matters. In calculating any amounts payable to Purchaser pursuant to Section 9.2(a) or payable to Seller pursuant to Section 9.2(b), Seller or Purchaser, as the case may be, shall receive credit for (i) any actual reduction in tax liability as a result of the facts giving rise to the claim for indemnification, and (ii) any insurance recoveries actually received by the party to be indemnified, and no amount shall be included for Purchaser's or Seller's, as the case may be, special or consequential damages.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Vista 2000 Inc), Asset Purchase Agreement (Vista 2000 Inc)

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Determination of Damages and Related Matters. (a) In calculating any amounts payable to Purchaser Buyer pursuant to Section 9.2(aSections 9.1(a) or 9.5 or payable to Seller pursuant to Section 9.2(b)Sections 9.1(b) or 9.5, (i) Seller or PurchaserBuyer, as the case may be, shall receive credit for (iy) any actual reduction in actual tax liability as a result of the facts giving rise to the claim for indemnification, and (iiz) any insurance recoveries actually received by the party to be indemnifiedrecoveries, and (ii) no amount shall be included for PurchaserBuyer's or Seller's, as the case may be, special or consequential damages.

Appears in 1 contract

Samples: Stock Purchase Agreement (Om Group Inc)

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Determination of Damages and Related Matters. (a) In calculating any amounts payable to Purchaser Buyer pursuant to Section 9.2(a9.1(a) or payable to Seller pursuant to Section 9.2(b9.1(b), Seller or PurchaserBuyer, as the case may be, shall receive credit for (i) any actual reduction in actual tax liability as a result of the facts giving rise to the claim for indemnification, and ; (ii) any actually paid insurance recoveries actually received by the party to be indemnified, recoveries; and (iii) no amount shall be included for PurchaserBuyer's or Seller's's consequential damages, as the case may be, special or consequential damages.

Appears in 1 contract

Samples: Asset Purchase Agreement (Callaway Golf Co /Ca)

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