Insurance Reduction. All Indemnifiable Damages shall be determined ------------------- net of actual insurance proceeds received by the Indemnified Party, less costs and expenses incurred by the Indemnified Party in pursuing the Claim resulting in the Indemnifiable Damages; provided, however, that any such offset against -------- ------- Indemnifiable Damages shall be subject to the paying insurance company's rights to subrogation and any limitations, restrictions or prohibitions on such offset imposed or required by the Indemnified Party's insurance policy. Nothing provided herein shall obligate either Party to pursue recovery for Indemnifiable Damages under any insurance policy.
Insurance Reduction. The Board shall forward to the Branch Affiliate, on or before February and on or before June of each year, the Federal Employment Insurance Premium Reduction Rebates to which the Branch Affiliate Members are entitled.
Insurance Reduction. 44 ARTICLE 12 MISCELLANEOUS......................................................................... 45
Insurance Reduction. The amount of Damages recoverable by the Buyer under this Article V with respect to an indemnity claim shall be reduced by any proceeds actually received by the Buyer or an Affiliate, with respect to the Damages to which such indemnity claim relates, from an insurance carrier; provided that if, following the payment of any Damages pursuant to this Article V, Buyer or an Affiliate recover any amounts under insurance policies with respect to such Damages, then the Buyer or its applicable Affiliate shall reimburse the applicable Company Members in the amount of such insurance recoveries. Each Party agrees to use Reasonable Best Efforts to seek insurance proceeds under then existing insurance policies to which it may be entitled with respect to any Damages.
Insurance Reduction. 7.1 When an insurance reduction charge (at Vision’s then current rate) is paid by Hirer, Vision will not make a claim against Xxxxx for any accidental loss or damage to the Equipment during the period covered by the charge. This insurance reduction is conditional upon Hirer paying a $500 excess per claim event, and only applies when Hirer has Used the Equipment in accordance with this Agreement.
7.2 For the avoidance of doubt clause 7.1 does not apply to prevent Vision from making a claim for loss and damage to the Equipment in circumstances where:
a) loss or damage occurred in part or whole as a result of the negligent act or omission of Hirer.
b) there was misuse or abuse of the Equipment caused or permitted by Hirer
c) mysterious disappearance of the Equipment;
d) loss or damage from use in violation of regulations by Xxxxx
8.1 Vision may terminate this Agreement and recover the Equipment at any time on seven (7) days written notice to Xxxxx. If Vision exercises this termination right, Vision will refund Hirer for any hire fees received by Vision which relate to Equipment hired outside the Rental Period, less a deduction for reasonable expenses incurred by Vision in connection with the recovery and/or transport of the Equipment.
8.2 Vision may enter any premises where the Equipment or any part of it is, or believed to be located for the purpose of:
a) inspecting or testing the Equipment,
b) protecting Vision’s rights or interest in the Equipment,
c) ensuring compliance with any law, including any law relating to health and safety, or d) exercising its right to take possession or control of the Equipment.
8.3 If Hirer in any way fails to perform, breaches any provision of this Agreement, becomes insolvent or in Vision’s reasonable opinion is likely to become insolvent, Vision may at its discretion do the following:
a) terminate this Agreement upon seven
