Indemnification Payment Adjustments. (a) INSURANCE PROCEEDS OR OTHER RECOVERY. The amount of any Damages for which indemnification is provided under this Article 8 will be reduced by the insurance proceeds received and any other amount recovered, if any, by the Indemnitee with respect to any Damages. However, an Indemnitee does not have an obligation to pursue an insurance claim relating to any Damages for which indemnification is sought hereunder.
Appears in 3 contracts
Samples: Collaboration Agreement, Collaboration Agreement, Collaboration Agreement (Amylin Pharmaceuticals Inc)
Indemnification Payment Adjustments. (a) INSURANCE PROCEEDS OR OTHER RECOVERY. The amount of any Damages for which indemnification is provided under this Article 8 9 will be reduced by the insurance proceeds received and any other amount recovered, if any, by the Indemnitee with respect to any Damages. However, an Indemnitee does not have an obligation to pursue an insurance claim relating to any Damages for which indemnification is sought hereunder.
Appears in 2 contracts
Samples: Divestiture Agreement (Ophthotech Corp.), Exclusive License Agreement (Osi Pharmaceuticals Inc)