Insurance Payments. Payments by an Indemnifying Party pursuant to this Section 9 in respect of any Loss shall be limited to the amount of any liability or damage that remains after deducting therefrom any insurance proceeds and any indemnity, contribution or other similar payment received by the Trulieve Indemnitee (or the Company) in respect of any such claim. The Trulieve Indemnitee shall use its commercially reasonable efforts to recover under insurance policies or indemnity, contribution or other similar agreements for any Losses prior to seeking indemnification under this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Trulieve Cannabis Corp.), Agreement and Plan of Merger (Trulieve Cannabis Corp.), Agreement and Plan of Merger (Trulieve Cannabis Corp.)