Insured Claim or loss Sample Clauses

Insured Claim or loss. The Sellers will not be liable for any Claim under or in relation to this agreement unless the Buyer has first caused the Company (or another Group Company, as applicable) to make a Claim under any insurance policy held by the Company (or that other Group Company) which may cover that Claim and that Claim has been denied in whole or partly by the relevant insurer, provided that the Buyer may still give notice of the Claim for the purposes of clause 8.8 (a) once a Claim has been made under the relevant insurance policy, and clause 8.8 (b) will not apply until the Claim made under the relevant insurance policy has been denied in whole or in part at which time (if occurring after the time for commencing proceedings in clause 8.8(b) has passed) the Buyer will have six months to issue or serve proceedings and, if proceedings are not commenced in that six month period, the Claim will not be enforceable against the Sellers. If the Buyer has still incurred some damage or Loss (including any deductibles), that remaining amount will be the amount of the Buyer’s Loss for the purposes of this agreement.

Insured Claim or loss. The Non-Claiming Party will not be liable for any Claim under or in relation to or arising out of this agreement including a breach of a Warranty unless the Non-Claiming Party has been given a reasonable opportunity to make a Claim under any insurance policy held by the Non-Claiming Party which may cover that Claim and that Claim has been denied in whole or in part by the relevant insurer. If the Claiming Party has still incurred some damage or Loss, that remaining amount will be the amount of the Claimant Party’s Loss for the purposes of this agreement.