Common use of Indemnification Obligations Net of Insurance Proceeds Clause in Contracts

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties intend that any Liability subject to indemnification or contribution pursuant to this Article V shall be net of Insurance Proceeds that actually reduce the amount of the Liability. Accordingly, the amount that any Party (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder (an “Indemnitee”) shall be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect of the related Liability. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability and subsequently receives Insurance Proceeds, then the Indemnitee shall pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties parties intend that any Liability subject to indemnification or contribution reimbursement pursuant to this Article V or Article VI shall be net of Insurance Proceeds that actually reduce the amount of the Liability. Accordingly, the amount that any Party party (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder (an “Indemnitee”) shall be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect of the related Liability. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability and subsequently receives Insurance Proceeds, then the Indemnitee shall pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties parties intend that any Liability subject to indemnification or contribution reimbursement pursuant to this Article V VII or Article VIII shall be net of Insurance Proceeds that actually reduce the amount of the Liability. Accordingly, the amount that any Party party (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder (an “Indemnitee”) shall be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect of the related Liability. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability and subsequently receives Insurance Proceeds, then the Indemnitee shall pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties intend that any Liability subject to indemnification or contribution reimbursement pursuant to this Article V shall or Article VI will be net of Insurance Proceeds that actually reduce the amount of the Liability. Accordingly, the amount that which any Party (an “Indemnifying Party”) is required has paid to pay to or on behalf of any Person person or entity entitled to indemnification or contribution hereunder (an “Indemnitee”) shall will be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect of the related Liability. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability and subsequently receives Insurance Proceeds, then the Indemnitee shall will pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received and any costs or expenses incurred by the Indemnitee in recovering such payment over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties intend that any Liability subject to indemnification or contribution pursuant to this Article V III shall be net of Insurance Proceeds that actually reduce the amount of the Liability. Accordingly, the amount that any Party (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder (an “Indemnitee”) shall be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect of the related Liability. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability and subsequently receives Insurance Proceeds, then the Indemnitee shall pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties intend that any Liability subject to indemnification or contribution pursuant to reimbursement under this Article V shall 6 will be net of Insurance Proceeds that actually reduce the amount of the LiabilityProceeds. Accordingly, the amount that any Party party (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder under this agreement (an “Indemnitee”) shall will be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect reduction of the related Liability. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement agreement from an Indemnifying Party in respect of any Liability and subsequently receives Insurance Proceeds, then the Indemnitee shall will pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties intend that any Liability subject to indemnification or contribution pursuant to reimbursement under this Article V shall 6 will be net of Insurance Proceeds that actually reduce the amount of the LiabilityProceeds. Accordingly, the amount that any Party party (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder under this Agreement (an “Indemnitee”) shall will be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect reduction of the related Liability. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability and subsequently receives Insurance Proceeds, then the Indemnitee shall will pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties intend that any Liability liability subject to indemnification or contribution pursuant to this Article V shall ARTICLE VII will be net of Insurance Proceeds that insurance proceeds actually reduce the amount of the Liabilityreceived, realized or recovered by an Indemnified Party. Accordingly, the amount that which any Party (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder (an “IndemniteeIndemnified Party”) shall will be reduced or offset by any Insurance Proceeds insurance proceeds theretofore actually received, realized or recovered by or on behalf of the Indemnitee Indemnified Party in respect reduction of the related Liabilityliability. If an Indemnitee Indemnified Party receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability liability and subsequently receives Insurance Proceedsinsurance proceeds in respect thereof, then the Indemnitee shall Indemnified Party will pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds insurance proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties parties intend that any Liability subject to indemnification or contribution reimbursement pursuant to this Article V shall III will be net of Insurance Proceeds that actually reduce the amount of the Liability. Accordingly, the amount that which any Party party (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder (an “Indemnitee”) shall will be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect reduction of the related Liability. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability and subsequently receives Insurance Proceeds, then the Indemnitee shall will pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties parties intend that any Liability subject to indemnification or contribution reimbursement pursuant to this Article V or Article VI shall be net of Insurance Proceeds that actually reduce the amount of the Liability. Accordingly, the amount that any Party party (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder (an “Indemnitee”) shall be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect of the related Liability. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in -36- respect of any Liability and subsequently receives Insurance Proceeds, then the Indemnitee shall pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties intend that any Liability subject to indemnification or contribution reimbursement pursuant to this Article V shall be net of Insurance Proceeds that actually reduce the amount of the Liability. Accordingly, the amount that any Party Person (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder (an “Indemnitee”) shall be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect of the related Liability. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability and subsequently receives Insurance Proceeds, then the Indemnitee shall pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties hereto intend that any Liability liability subject to indemnification or contribution pursuant to this Article V shall ARTICLE VII will be net of Insurance Proceeds that insurance proceeds actually reduce the amount of the Liabilityreceived, realized or recovered by an Indemnified Party. Accordingly, the amount that which any Party hereto (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder (an “IndemniteeIndemnified Party”) shall will be reduced or offset by any Insurance Proceeds insurance proceeds theretofore actually received, realized or recovered by or on behalf of the Indemnitee Indemnified Party in respect reduction of the related Liabilityliability. If an Indemnitee Indemnified Party receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability liability and subsequently receives Insurance Proceedsinsurance proceeds in respect thereof, then the Indemnitee shall Indemnified Party will pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds insurance proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties intend that any Liability liability subject to indemnification or contribution reimbursement pursuant to this Article V VI shall be net of Insurance Proceeds that actually reduce the amount of the Liabilityliability. Accordingly, the amount that any Party party (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder (an “Indemnitee”) shall be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect of the related Liabilityliability. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability liability and subsequently receives Insurance Proceeds, then the Indemnitee shall pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties parties intend that any Liability subject to indemnification or contribution reimbursement pursuant to this Article IV or Article V shall will be net of Insurance Proceeds that actually reduce the amount of the Liability. Accordingly, the amount that which any Party party (an “"Indemnifying Party”") is required to pay to any Person entitled to indemnification or contribution hereunder (an “"Indemnitee”") shall will be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect reduction of the related Liability. If an Indemnitee receives a payment (an “"Indemnity Payment”") required by this Agreement from an Indemnifying Party in respect of any Liability and subsequently receives Insurance Proceeds, then the Indemnitee shall will pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment received over the amount of the Indemnity Payment that would have been due if the Insurance Proceeds had been received, realized or recovered before the Indemnity Payment was made.

Indemnification Obligations Net of Insurance Proceeds. (a) The Parties intend that any Liability Loss subject to indemnification or contribution reimbursement pursuant to this Article V shall VII (an “Indemnifiable Loss”) will be net of Insurance Proceeds that actually reduce the amount of the LiabilityLoss. Accordingly, the amount that any which an Indemnifying Party (an “Indemnifying Party”) is required to pay to any Person entitled to indemnification or contribution hereunder (an “Indemnitee”) shall Indemnitee will be reduced by any Insurance Proceeds theretofore actually recovered by or on behalf of the Indemnitee in respect reduction of the related LiabilityLoss. If an Indemnitee receives a payment (an “Indemnity Payment”) required by this Agreement from an Indemnifying Party in respect of any Liability Loss and subsequently receives Insurance Proceeds, then the Indemnitee shall will pay to the Indemnifying Party an amount equal to the excess of the Indemnity Payment Payments received over the amount of the Indemnity Payment Payments that would have been due if the Insurance Proceeds recovery had been received, realized or recovered before the Indemnity Payment was Payments were made.