Common use of Losses Net of Insurance, Etc Clause in Contracts

Losses Net of Insurance, Etc. Payments for any Loss for which indemnification is provided shall be net of (i) any amounts actually recovered by the Indemnified Party (which shall include a party receiving payment) pursuant to any indemnification or other agreement with any third party and (ii) any insurance proceeds or other cash receipts or sources of reimbursement actually received as an offset against such Loss (net of any costs incurred to recover such amounts, proceeds or receipts and any increases in insurance premiums payable by the Indemnified Party attributable to such Loss); provided that the Indemnified Party shall be required to use commercially reasonable efforts to obtain all amounts described in clauses (i) – (ii) of this Section 9.6.

Appears in 2 contracts

Samples: Merger Agreement (Universal Business Payment Solutions Acquisition Corp), Merger Agreement (Universal Business Payment Solutions Acquisition Corp)

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Losses Net of Insurance, Etc. Payments for any Loss Losses for which indemnification is provided shall be net of (i) any amounts actually recovered by the Indemnified Party (which shall include a party receiving payment) pursuant to any indemnification or other agreement with any third party (ii) any Tax savings realized or to be realized; and (iiiii) any insurance proceeds or other cash receipts or sources of reimbursement actually received as an offset against such Loss Losses (net of any costs incurred to recover such amounts, proceeds or receipts and any increases in insurance premiums payable by the Indemnified Party attributable to such LossLosses); provided provided, that the Indemnified Party shall be required to use commercially reasonable efforts to obtain all amounts described in clauses (i) – (iiiii) of this Section 9.6.

Appears in 1 contract

Samples: Unit Purchase Agreement (JetPay Corp)

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