Common use of Indemnification Calculations Clause in Contracts

Indemnification Calculations. The amount of any Losses for which indemnification is provided under this Article IX shall be computed net of any insurance proceeds received by the Indemnified Party in connection with such Losses. If an Indemnified Party receives insurance proceeds in connection with Losses for which it has received indemnification, such Party shall refund to the Indemnifying Party the amount of such insurance proceeds when received, up to the amount of indemnification received. An Indemnified Party shall use its commercially reasonable efforts to pursue insurance claims with respect to any Losses.

Appears in 3 contracts

Samples: Supply Agreement (Medicis Pharmaceutical Corp), Supply Agreement (Medicis Pharmaceutical Corp), Intellectual Property License Agreement (Medicis Pharmaceutical Corp)

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Indemnification Calculations. The amount of any Losses for which indemnification is provided under this Article IX shall XI will be computed net of any insurance proceeds received by actually paid to the Indemnified Party in connection with such Losses. If an Indemnified Party receives insurance proceeds in connection with Losses for which it has received indemnification, such Party shall will refund to the Indemnifying Party the amount of such insurance proceeds when received, up to the amount of indemnification received. An Indemnified Party shall use its commercially reasonable efforts to pursue insurance claims with respect to any Losses.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Schulman a Inc), Asset Purchase Agreement (Ferro Corp)

Indemnification Calculations. The amount of any Losses for which indemnification is provided under this Article IX X shall be computed net of any insurance proceeds received by the Indemnified Party in connection with such Losses. If an Indemnified Party receives insurance proceeds in connection with Losses for which it has received indemnification, such Party shall refund to the Indemnifying Party the amount of such insurance proceeds when received, up to the amount of indemnification received. An Indemnified Party shall use its commercially reasonable efforts to pursue insurance claims with respect to any Losses.

Appears in 1 contract

Samples: Intellectual Property License Agreement (Medicis Pharmaceutical Corp)

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Indemnification Calculations. (a) The amount of any Losses for which indemnification is provided under this Article IX shall be computed net of any insurance proceeds received by the Indemnified Party indemnified party in connection with such Losses. If an Indemnified Party receives ; provided, that the foregoing is not intended to preclude a party from recovering as a Loss any increase in insurance proceeds in connection with Losses for which it has received indemnification, such Party shall refund to the Indemnifying Party the amount premiums incurred as a result of such payment or related insurance proceeds when received, up to the amount of indemnification received. An Indemnified Party shall use its commercially reasonable efforts to pursue insurance claims with respect to any Lossesclaim.

Appears in 1 contract

Samples: Purchase Agreement and Plan of Merger (Walter Industries Inc /New/)

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