Common use of Further Limitations of Liability Clause in Contracts

Further Limitations of Liability. The amount of any Loss shall be reduced (i) to the extent that any person entitled to receive indemnification under this Agreement (an "Indemnitee") receives any insurance proceeds with respect to a Loss, (ii) to take into account any net Tax benefit recognized by the Indemnitee arising from the recognition of the Loss and (iii) to take into account any payment actually received by an Indemnitee with respect to a Loss.

Appears in 3 contracts

Samples: Purchase Agreement (Bionova Holding Corp), Purchase Agreement (Bionova Holding Corp), Purchase Agreement (Bionova International Inc)

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Further Limitations of Liability. The amount of any Loss shall be reduced (i) to the extent that any person entitled to receive indemnification under this Agreement (an "Indemnitee") receives any insurance proceeds with respect to a Loss, (ii) to take into account any net Tax benefit recognized by the Indemnitee arising from the recognition of the Loss less any Tax detriment from the receipt of indemnification associated with such Loss and (iii) to take into account any payment actually received by an Indemnitee with respect to a Loss.

Appears in 1 contract

Samples: Purchase Agreement (Equitable Resources Inc /Pa/)

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