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

Losses Net of Insurance, Etc. The amount of any Loss for which indemnification is provided under Section 6.1 or Section 6.2 shall be net of (i) any amounts recovered by the Indemnified Party pursuant to any indemnification by or indemnification agreement with any Third Party, or (ii) any insurance proceeds (net of any increase in premiums directly relating to such Loss as reasonably demonstrated by the Indemnified Party) or other funds received directly by the Indemnified Party as an offset against such Loss (each Person named in clauses (i) and (ii), a “Collateral Source”). If the amount to be netted hereunder from any payment required under Section 6.1 or Section 6.2 is determined after payment by the Indemnifying Party of any amount otherwise required to be paid to an Indemnified Party pursuant to this ARTICLE VI, the Indemnified Party shall repay to the Indemnifying Party, promptly after such determination, any amount that the Indemnifying Party would not have had to pay pursuant to this ARTICLE VI had such determination been made at the time of such payment.

Losses Net of Insurance, Etc. The amount of any Loss for which indemnification is provided under Section 6.1 8.01 or Section 6.2 8.02 shall be net of (i) any amounts recovered by the Indemnified Party pursuant to any indemnification by by, or indemnification agreement with with, any Third third party that is not an Affiliate of such Indemnified Party, or and (ii) any insurance proceeds (net of any increase in premiums directly relating to such Loss as reasonably demonstrated by the Indemnified Party) or other funds cash receipts or sources of reimbursement received directly by the from any third party that is not an Affiliate of such Indemnified Party as an offset against such Loss (each Person named third party that is not an Affiliate of such Indemnified Party referred to in clauses (i) and (ii), a “Collateral Source”). If the amount to be netted hereunder in connection with a Collateral Source from any payment required under Section 6.1 Sections 8.01 or Section 6.2 8.02 is determined after payment by the Indemnifying Party of any amount otherwise required to be paid to an Indemnified Party pursuant to this ARTICLE VIArticle VIII, the Indemnified Party shall repay to the Indemnifying Party, promptly after such determination, any amount that the Indemnifying Party would not have had to pay pursuant to this ARTICLE VI Article VIII had such determination been made at the time of such payment, and any excess recovery from a Collateral Source shall be applied to reduce any future payments to be made by the Indemnifying Party pursuant to Section 8.01 or 8.

Losses Net of Insurance, Etc. The amount of any Loss for which indemnification is provided under Section 6.1 8.01 or Section 6.2 8.02 shall be net of (i) any amounts recovered by the Indemnified Party pursuant to any indemnification by by, or indemnification agreement with with, any Third third party that is not an Affiliate of such Indemnified Party, or and (ii) any insurance proceeds (net of any increase in premiums directly relating to such Loss as reasonably demonstrated by the Indemnified Party) or other funds cash receipts or sources of reimbursement received directly by the from any third party that is not an Affiliate of such Indemnified Party as an offset against such Loss (each Person named third party that is not an Affiliate of such Indemnified Party referred to in clauses (i) and (ii), a “Collateral Source”). If the amount to be netted hereunder in connection with a Collateral Source from any payment required under Section 6.1 Sections 8.01 or Section 6.2 8.02 is determined after payment by the Indemnifying Party of any amount otherwise required to be paid to an Indemnified Party pursuant to this ARTICLE VIArticle VIII, the Indemnified Party shall repay to the Indemnifying Party, promptly after such determination, any amount that the Indemnifying Party would not have had to pay pursuant to this ARTICLE VI Article VIII had such determination been made at the time of such payment, and any excess recovery from a Collateral Source shall be applied to reduce any future payments to be made by the Indemnifying Party pursuant to Section 8.01 or 8.02.

Losses Net of Insurance, Etc. The amount of any Loss for which indemnification is provided under Section 6.1 8.01 or Section 6.2 8.02 shall be net of (ia) any amounts actually recovered by the Indemnified Party pursuant to any indemnification by or indemnification agreement with any Third Partynon-affiliated third party, or (iib) any insurance proceeds (net of any increase in premiums directly relating to such Loss as reasonably demonstrated by the Indemnified Party) or other funds actually received directly by the Indemnified Party as an offset against such Loss (Loss, in each Person named in clauses (i) case, net of any costs of recovery and (ii), a “Collateral Source”)c) any Tax benefit actually realized by the Indemnified Party or its Affiliates with respect to such Losses. If the amount to be netted hereunder from any payment required under Section 6.1 8.01 or Section 6.2 8.02 is determined after payment by the Indemnifying Party of any amount otherwise required to be paid to an Indemnified Party pursuant to this ARTICLE VIVIII, the Indemnified Party shall repay to the Indemnifying Party, promptly after such determination, any amount that the Indemnifying Party would not have had to pay pursuant to this ARTICLE VI VIII had such determination been made at the time of such paymentpayment solely to avoid duplicative recovery for the same Loss, but not in excess of any amount previously so paid by the Indemnifying Party to or on behalf of the Indemnified Party in respect of such matter.

Losses Net of Insurance, Etc. The amount of any Loss for which indemnification is provided under Section 6.1 8.1 or Section 6.2 8.2 shall be net of (i) any amounts recovered by the Indemnified Party pursuant to any indemnification by or indemnification agreement with any Third Partythird party (any such third party, or (ii) any insurance proceeds (net of any increase in premiums directly relating to such Loss as reasonably demonstrated by the Indemnified Party) or other funds received directly by the Indemnified Party as an offset against such Loss (each Person named in clauses (ia "COLLATERAL SOURCE") and (ii)) an amount equal to the present value of the tax benefit, a “if any, attributable to such Loss. Indemnification under this Article VIII shall not be available unless the Indemnified Party first uses all commercially reasonable efforts to seek recovery from all Collateral Source”)Sources. The Indemnifying Party may require an Indemnified Party to assign the rights to seek recovery pursuant to the preceding sentence; provided, however, that the Indemnifying Party will then be responsible for pursuing such claim at its own expense. If the amount to be netted hereunder from any payment required under Section 6.1 8.1 or Section 6.2 8.2 is determined after payment by the Indemnifying Party of any amount otherwise required to be paid to an Indemnified Party pursuant to this ARTICLE VIArticle VIII, the Indemnified Party shall repay to the Indemnifying Party, promptly after such determination, any amount that the Indemnifying Party would not have had to pay pursuant to this ARTICLE VI Article VIII had such determination been made at the time of such payment.

Losses Net of Insurance, Etc. The amount of any Loss for which ----------------------------- indemnification is provided under Section 6.1 or Section 6.2 this Agreement shall be net of (i) any tax benefit (such as a deduction, credit or deferral) actually realized from any Loss, (ii) any amounts recovered by the Indemnified Party pursuant to any indemnification by or indemnification agreement with any Third Partythird party, or and (iiiii) any insurance proceeds (net of any increase in premiums directly relating to such Loss as reasonably demonstrated by the Indemnified Party) or other funds cash receipts or sources of reimbursement received directly by the Indemnified Party as an offset against such Loss. Each of OpCo and BAM shall make any claims for indemnification from a third party or insurance proceeds available to offset against such Loss (each Person named and for which it will seek indemnification hereunder, and to pursue such claims in clauses (i) and (ii), a “Collateral Source”)good faith. If the amount to be netted hereunder from any payment required under Section 6.1 or Section 6.2 Loss is determined after payment by the Indemnifying Party Indemnitor of any amount otherwise required to be paid to an Indemnified Party pursuant to this ARTICLE VISection 10.11, the Indemnified Party shall repay to the Indemnifying PartyIndemnitor, promptly after such determination, any amount that the Indemnifying Party Indemnitor would not have had to pay pursuant to this ARTICLE VI Section 10.11 had such determination been made at the time of such payment.