Common use of Losses Net of Insurance Clause in Contracts

Losses Net of Insurance. The amount of any and all Losses under this Section 11 shall be determined net of any amounts recovered or recoverable by the Indemnified Party under insurance policies with respect to such Losses. Each party hereby waives, to the extent permitted under its applicable insurance policies, any subrogation rights that its insurer may have with respect to any indemnifiable Losses.

Appears in 5 contracts

Samples: Intellectual Property License Agreement (Opnext Inc), Intellectual Property License Agreement (Opnext Inc), Intellectual Property License Agreement (Opnext Inc)

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Losses Net of Insurance. The amount of any and all Losses under this Section 11 12 shall be determined net of any amounts recovered or recoverable by the Indemnified Party under insurance policies with respect to such Losses. Each party hereby waives, to the extent permitted under its applicable insurance policies, any subrogation rights that its insurer may have with respect to any indemnifiable Losses.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Highland Hospitality Corp)

Losses Net of Insurance. The amount of any and all Losses under this Section 11 16 shall be determined net of any amounts recovered or recoverable by the Indemnified Party under insurance policies with respect to such Losses. Each party hereby waives, to or will procure the extent permitted under its applicable insurance policieswaiver of, any subrogation rights that its insurer may have with respect to any indemnifiable Losses. Any indemnity payment under this Agreement shall be treated as an adjustment to the purchase price for tax purposes.

Appears in 1 contract

Samples: Asset Purchase Agreement (Tosco Corp)

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Losses Net of Insurance. The amount of any and all Losses under this Section 11 shall be determined net of any amounts recovered or recoverable by the Indemnified Party indemnified party under insurance policies policies, indemnities or other reimbursement arrangements with respect to such Losses. Each party hereby waives, to the extent permitted under its applicable insurance policies, any subrogation rights that its insurer may have with respect to any indemnifiable Losses. Any indemnity payment under this Agreement shall be treated as an adjustment to the Final Purchase Price for tax purposes.

Appears in 1 contract

Samples: Stock Purchase Agreement (CPC International Inc)

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