Insured Claim or loss. The Seller 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 Buyer has first caused the relevant Company to make a Claim under any insurance policy held by that Company which may cover that Claim and that Claim has been denied in whole or in part by the relevant insurer. If the Buyer has still incurred some damage or Loss, that remaining amount will be the amount of the Buyer's Loss for the purposes of this agreement.
Appears in 1 contract
Samples: Share Sale Agreement (Westaff Inc)
Insured Claim or loss. The Seller will not be liable for any Claim claim under or in relation to or arising out of this agreement including a breach of a any Seller Group Warranty unless to the extent the Buyer has first caused the relevant Company right to make a Claim claim under any insurance policy held by that Company which may the Buyer to cover that Claim claim, unless and until that Claim claim has been denied in whole or in part partly by the relevant insurer. If , or if the Buyer has still incurred some damage or Lossclaim is allowed by the relevant insurer, that remaining amount will be to the amount of extent the Buyer's Loss for claim is paid by the purposes of this agreementinsurer.
Appears in 1 contract
Samples: Asset Sale and Share Subscription Agreement (Albemarle Corp)
Insured Claim or loss. The Seller will not be liable for any Claim under or in relation to or arising out of this agreement including a breach of a Seller Warranty unless the Buyer has first caused the relevant Company to make a Claim under any insurance policy held by that Company which may cover that Claim and that Claim has been denied in whole or in part by the relevant insurer. If the Buyer has still incurred some damage or Loss, that remaining amount will be the amount of the Buyer's ’s Loss for the purposes of this agreement.
Appears in 1 contract
Samples: Share Sale Agreement (Entertainment Gaming Asia Inc.)
Insured Claim or loss. The Seller 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 Buyer has first made a Claim, or caused the relevant Company (or a Subsidiary, as applicable) to make a Claim under any insurance policy held by that Company the Buyer or any Group Member which may cover that Claim and that Claim has been denied in whole or in part by the relevant insurer. If the Buyer has still incurred some damage or Loss, that remaining amount will be the amount of the Buyer's ’s Loss for the purposes of this agreement.
Appears in 1 contract
Samples: Share Sale Agreement