Losses Net of Insurance. The amount of any Losses for which indemnification is provided under this Article 11 shall be net of any amounts recovered or recoverable by the indemnified party under insurance policies with respect to such Losses.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Times Mirror Co /New/), Exchange Agreement (McGraw-Hill Companies Inc), Asset Purchase Agreement (Information Holdings Inc)
Losses Net of Insurance. Etc. The amount of any Losses loss, Liability, cost or expense ("Loss") for which indemnification is provided under this Article 11 10 shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies with respect to such LossesLoss, but shall not be net of any tax benefit or cost with respect thereto.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Smartalk Teleservices Inc), Asset Purchase Agreement (At&t Corp)
Losses Net of Insurance. The amount of any Losses for which indemnification is provided under this Article 11 8 shall be net of any amounts recovered or recoverable by the indemnified party under insurance policies with respect to such Losses.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Times Mirror Co /New/), Partnership Interest Purchase Agreement (Times Mirror Co /New/)
Losses Net of Insurance. The amount of any Losses loss, Liability, Claim, damage, expense or Tax for which indemnification is provided under this Article 11 Section 10 shall be net of any amounts recovered or recoverable by the indemnified party under insurance policies with respect to such Lossesloss, Liability, Claim, damage or expense (collectively, a “Loss”).
Appears in 2 contracts
Samples: Facilities Sale Agreement (TransMontaigne Partners L.P.), Facilities Sale Agreement (TransMontaigne Partners L.P.)
Losses Net of Insurance. The amount of any Losses Loss or Environmental Loss for which indemnification is provided under this Article 11 Section 10 shall be net of any amounts recovered or recoverable by the indemnified party under insurance policies with respect to such LossesLoss or Environmental Loss.
Appears in 1 contract
Samples: Facilities Sale Agreement (TransMontaigne Partners L.P.)
Losses Net of Insurance. The amount of any Losses Loss or Tax for which indemnification is provided under this Article Section 11 shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies with respect to such LossesLoss or Tax; provided, however, that in making such calculation the amount recovered by the indemnified party under any such insurance policy shall be reduced by the aggregate amount of premiums paid by the indemnified party in respect of such policy from the Closing Date until the date of such recovery.
Appears in 1 contract
Samples: Stock Purchase Agreement (Walter Industries Inc /New/)
Losses Net of Insurance. The amount of any Losses for which indemnification is provided under this Article 11 shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies with respect to such Losses. The indemnified party shall promptly make all appropriate claims with respect to such Losses under applicable insurance policies and shall use all reasonable efforts to recover such Losses under any such insurance policies.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Times Mirror Co /New/)
Losses Net of Insurance. The amount of any Losses ----------------------- for which indemnification is provided under this Article 11 shall be net of any amounts recovered or recoverable by the indemnified party under insurance policies with respect to such Losses.
Appears in 1 contract