Determination of Indemnified Amounts. The Indemnified Amounts payable by an Indemnifying Party hereunder shall be determined (i) by the written agreement of the parties, (ii) by mediation, (iii) by binding arbitration pursuant to SECTION 11.6 hereof, (iv) by a final judgment or decree of any court of competent jurisdiction, or (v) by any other means agreed to in writing by the parties. A judgment or decree of a court shall be deemed final when the time for appeal, if any, shall have expired and no appeal shall have been taken or when all appeals taken have been fully determined. In calculating or determining the Indemnified Amounts, such calculation or determination shall take into account the actual receipt of any amounts from any third party and the reductions to such Indemnified Amounts in SECTION 10.7.
Determination of Indemnified Amounts. The Indemnified Amounts payable by an Indemnifying Party hereunder shall be determined (a) by the written agreement of the parties, (b) by mediation, (c) by a final judgment or decree of any court of competent jurisdiction, or (d) by any other means agreed to in writing by the Parties. A judgment or decree of a court shall be deemed final when the time for appeal, if any, has expired and no appeal shall have been taken or when all appeals taken have been fully determined.
Determination of Indemnified Amounts. The Indemnified Amounts payable by an Indemnifying Party hereunder shall be determined (i) by the written agreement of the parties, (ii) by a final judgment or decree of any court of competent jurisdiction, or (iii) by any other means agreed to in writing by the parties. A judgment or decree of a court shall be deemed final when the time for appeal, if any, shall have expired and no appeal shall have been taken or when all appeals taken have been fully determined. The Indemnified Party shall have the burden of proving the Indemnified Amounts suffered by the Indemnified Party.
Determination of Indemnified Amounts. The indemnification obligations of the parties under this Section 16 shall be subject to the following:
Determination of Indemnified Amounts. 16 ARTICLE XI MISCELLANEOUS..................................................16
Determination of Indemnified Amounts. ..36 Section 10.5.
Determination of Indemnified Amounts. ..33 Section 10.5. Limitation of Shareholder's Liability.........34 Section 10.6. Limitation of Parent's Liability..............34 Section 10.7. Limitation on Indemnified Amounts.............34
Determination of Indemnified Amounts. The Indemnified Amounts payable by an Indemnifying Party hereunder shall be determined (i) by the written agreement of the parties, (ii) by mediation, (iii) by a final judgment or decree of any court of competent jurisdiction, or (iv) by any other means agreed to in writing by the parties. A judgment or decree of a court shall be deemed final when the time for appeal, if any, shall have expired and no appeal shall have been taken or when all appeals taken have been fully determined. In calculating or determining the Indemnified Amounts, such calculation or determination shall take into account the actual receipt of any amounts from any third party and the reductions to such Indemnified Amounts in Section 10.7.
Determination of Indemnified Amounts. 29 SECTION 11.6 Limitation of Seller's and Shareholders'Liability........30 SECTION 11.7 Limitation of Purchaser's Liability......................30
Determination of Indemnified Amounts. Except as provided in Section 9.2(c), the Indemnified Amounts payable by an indemnifying party hereunder shall be determined by (i) the written agreement of the Company and Parent, (ii) mediation, (iii) a final judgment or decree of any court of competent jurisdiction, or (iv) any other means agreed to in writing by the Company and Parent. A judgment or decree of a court shall be deemed final when the time for appeal, if any, shall have expired and no appeal shall have been taken or when all appeals taken have been fully determined.
