Common use of Insurance and Third Party Obligations Clause in Contracts

Insurance and Third Party Obligations. (a) Any indemnification otherwise payable pursuant to Section 4.01 shall be reduced by the amount of any insurance or other amounts (net of deductibles and allocated paid loss retro-premiums) that would be payable by any third party to the Indemnitee or on the Indemnitee's behalf in the absence of this Agreement. It is expressly agreed that no insurer or any other third party shall be (i) entitled to a benefit it would not be entitled to receive in the absence of the foregoing indemnification provisions, (ii) relieved of the responsibility to pay any claims for which it is obligated, or (iii) entitled to any subrogation rights with respect to any obligation hereunder.

Appears in 2 contracts

Samples: Bridging Services Agreement (Ralston Purina Co), Agreement and Plan of Reorganization (Energizer Holdings Inc)

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Insurance and Third Party Obligations. (a) Any indemnification ------------------------------------- otherwise payable pursuant to Section 4.01 shall be reduced by the amount of any insurance or other amounts (net of deductibles and allocated paid loss retro-premiums) that would be payable by any third party to the Indemnitee or on the Indemnitee's behalf in the absence of this Agreement. It is expressly agreed that no insurer or any other third party shall be (i) entitled to a benefit it would not be entitled to receive in the absence of the foregoing indemnification provisions, (ii) relieved of the responsibility to pay any claims for which it is obligated, or (iii) entitled to any subrogation rights with respect to any obligation hereunder.

Appears in 1 contract

Samples: 17 Agreement and Plan of Reorganization (Tradico Missouri Inc)

Insurance and Third Party Obligations. (a) Any indemnification ---------------------------------------- otherwise payable pursuant to Section 4.01 shall be reduced by the amount of any insurance or other amounts (net of deductibles and allocated paid loss retro-premiums) that would be payable by any third party to the Indemnitee or on the Indemnitee's behalf in the absence of this Agreement. It is expressly agreed that no insurer or any other third party shall be (i) entitled to a benefit it would not be entitled to receive in the absence of the foregoing indemnification provisions, (ii) relieved of the responsibility to pay any claims for which it is obligated, or (iii) entitled to any subrogation rights with respect to any obligation hereunder.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Energizer Holdings Inc)

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Insurance and Third Party Obligations. (a) Any indemnification otherwise payable pursuant to Section 4.01 7.1 or 7.2 of this Agreement shall be reduced by the amount of any insurance or other amounts (net of deductibles and allocated paid loss retro-premiums) that would be payable by any third party to the Indemnitee or on the Indemnitee's ’s behalf in the absence of this Agreement. It is expressly agreed that no No insurer or any other third third-party shall be (i) entitled to a benefit it would not be entitled to receive in the absence of the foregoing indemnification provisions, (ii) relieved of the responsibility to pay any claims for which it is obligated, or (iii) entitled to any subrogation rights with respect to any obligation hereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Entrx Corp)

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