Insurance Recoveries. Completion Guarantor acknowledges its approval of the adequacy of the insurance that has been obtained for Production and Delivery. Insurance recoveries concerning the Film shall be paid according to the terms of the Interparty Agreement. If the Film is Abandoned, any payments due from Completion Guarantor to Beneficiary hereunder shall be reduced by the sum of any insurance recoveries Beneficiary directly or indirectly receives under the motion picture production insurance policy concerning the Film or otherwise in connection with Production and Delivery.
Insurance Recoveries. The amount of any Loss shall be reduced by any amount received by the Indemnified Party (or an affiliate) with respect thereto under any third party insurance coverage or from any other person (excluding an affiliate of the Indemnified Party) alleged to be responsible therefor, net of any expense incurred by the Indemnified Party in collecting such amount. Any Indemnified Party that makes a claim for indemnification under this Section 11 shall use commercially reasonable efforts to collect any amount available under any such insurance coverage and from any such other person alleged to have responsibility. If an Indemnified Party (or an affiliate) receives an amount under insurance coverage or from such other person with respect to a Loss at any time subsequent to any indemnification provided the Indemnifying Party pursuant to this Section 11, then such Indemnified Party shall promptly reimburse the Indemnifying Party for any payment made or expense incurred by the Indemnifying Party in connection with providing such indemnification up to such amount received by the Indemnified Party (or affiliate), net of any expense incurred by the Indemnified Party in collecting such amount.
Insurance Recoveries. The amounts for which an indemnifying party shall be liable under Sections 7.1 and 7.2 of this Agreement shall be net of any insurance proceeds actually received by the indemnified party in connection with the facts giving rise to the right of indemnification.
Insurance Recoveries. The Company shall use reasonable efforts to obtain Recoveries for the Distributed Companies and their Affiliates from the Company's insurance carriers for coverage available under Section 7.03 and shall keep the Distributed Companies reasonably informed of the Company's efforts under this Section 7.04. The Company will reimburse the Distributed Companies for any Recovery obtained by it on behalf of such Distributed Company or Affiliate thereof pursuant to such claims; provided, however, that Special Insurance Recoveries shall be shared between the Company and the relevant Distributed Company in the same manner as any net recoveries of an Acquisition Claim of such Distributed Company (payable at that time) would be shared between the Company and such Distributed Company pursuant to Section 2.09, including that, if the net recoveries from an Acquisition Claim of such Distributed Company are not required to be shared in any manner with the Company pursuant to Section 2.09, any Special Insurance Recoveries related to such Distributed Company should be entirely payable to it. Any Distributed Company receiving a Recovery in its entirety under this Section 7.04 shall pay all costs incurred by the Company after the Distribution Date in making the related claim pursuant to this Section 7.04, including the salaries of the Company's officers and employees based on the portion of time spent on such claims ("Recovery Costs"), and such Recovery Costs incurred in pursuing the claim may be deducted from the Recovery. As to any Recovery Costs incurred in relation to Special Insurance Recoveries, the party or parties receiving such Special Insurance Recoveries, or a portion thereof, shall bear the related Recovery Costs in proportion to the share of the Special Insurance Recoveries such party receives. Each Distributed Company agrees to make available to the Company such of its employees as the Company may reasonably request as witnesses or deponents in connection with the Company's management of claims, at such Distributed Company's sole cost and expense notwithstanding Sections 6.04 and 6.05. Each Distributed Company agrees that, if the Company has paid a Recovery to it for such a claim and such Distributed Company receives proceeds from any other person with respect to such claim, it will pay over to the Company the amount of proceeds it has received.
Insurance Recoveries. The amount of any Loss shall be reduced by any amount received by the Indemnified Party (or an Affiliate) with respect thereto under any third party insurance coverage or from any other Person (excluding an Affiliate of the Indemnified Party) alleged to be responsible therefore, net of any expense incurred by the Indemnified Party in collecting such amount. Any Indemnified Party that makes a claim for indemnification under this Article VIII shall use commercially reasonable efforts to collect any amount available under any such insurance coverage and from any such other Person alleged to have responsibility, but collection of any such amounts or exhaustion of all available remedies will not be a condition to pursuing or collecting on any indemnifiable claim under this Article VIII. If an Indemnified Party (or an Affiliate) receives an amount under insurance coverage or from such other Person with respect to a Loss at any time subsequent to any indemnification provided the Indemnifying Party pursuant to this Article VIII, then such Indemnified Party shall promptly reimburse the Indemnifying Party for any payment made or expense incurred by the Indemnifying Party in connection with providing such indemnification up to such amount received by the Indemnified Party (or Affiliate), net of any expense incurred by the Indemnified Party in collecting such amount.
Insurance Recoveries. The amount of any General Indemnity Damages the Purchaser Group may otherwise be entitled to recover under this Section shall be reduced by EXHIBIT 10.21 the net amount the Purchaser Group recovers (after deducting all attorneys' fees, expenses and other costs of recovery) from any insurer or other party liable for such General Indemnity Damages, and the Purchaser Group shall use reasonable efforts to effect any such recovery.
Insurance Recoveries. The amount of any Losses payable by a Party hereunder shall be net of any amounts actually recovered in cash by an Indemnified Party under applicable insurance policies, net of all expenses incurred in prosecuting such insurance claim and the present value of any increase in insurance premiums or other charges paid or to be paid by such Party directly attributable to such Loss. If any Indemnified Party seeks indemnification against an Indemnifying Party under this Section 7 for Losses sustained or incurred by such Indemnified Party with respect to a particular claim or series of related claims in excess of $25,000, the Indemnified Party shall be required to promptly make and pursue in good faith a claim under any applicable insurance policies to recover such Losses, but only if such Losses are not covered by the insurance policies of Indemnifying Party.
Insurance Recoveries. In computing the amount of any Indemnified Party's Losses with respect to an indemnifiable claim, there shall be deducted the amount of any insurance proceeds actually received, directly or indirectly, by such Indemnified Party with respect to the same facts and circumstances giving rise to the Loss.
Insurance Recoveries. If and to the extent the Supplier has acquired insurance in compliance with Section 11.3, and to the extent such coverage is inadequate to cover all Claims asserted against Supplier and Bayer and if and to the extent Bayer has its own policy of insurance purporting to provide coverage for Claims against Bayer, Bayer shall not be entitled to indemnification from Supplier for such claims under Section 11.1 until Bayer has utilized all commercially reasonable means to recover such loss under its policy of insurance.
Insurance Recoveries. Before an Indemnifying Party is required to indemnify an Indemnified Party for any Loss under an Indemnity Claim, the Indemnified Party must first make all commercially reasonable efforts to seek recovery for that Loss under any applicable insurance policies held by the Indemnified Party. The amount of any Loss under an Indemnity Claim will be net of any amounts actually recovered by the Indemnified Party under insurance policies with respect to that Loss.
