Mitigation of Loss. Each Indemnitee is obligated to use its reasonable efforts to mitigate the amount of any Loss for which it is entitled to seek indemnification hereunder, and the Indemnifying Party shall not be required to make any payment to an Indemnitee in respect of such Loss to the extent such Indemnitee failed to comply with the foregoing obligation.
Appears in 3 contracts
Samples: Purchase Agreement (Superior National Insurance Group Inc), Purchase Agreement (Superior National Insurance Group Inc), Purchase Agreement (Foundation Health Systems Inc)
Mitigation of Loss. Each Indemnitee is obligated to use its all reasonable efforts to mitigate to the fullest extent practicable the amount of any Indemnifiable Loss for which it is entitled to seek indemnification hereunder, and the Indemnifying Party shall not be required to make any payment to an Indemnitee in respect of such Indemnifiable Loss to the extent such Indemnitee failed to comply with the foregoing obligation.
Appears in 1 contract
Samples: Asset Purchase Agreement (Foundation Health Systems Inc)
Mitigation of Loss. Each Indemnitee is obligated to use its all reasonable efforts to mitigate mitigate, to the fullest extent practicable, the amount of any Loss for which it is entitled to seek indemnification hereunderhereunder (including, and the without limitation, seeking reimbursement for losses pursuant to contractual rights with vendors). The Indemnifying Party shall not be required to make any payment to an Indemnitee in respect of such Loss to the extent such Indemnitee failed to comply with the foregoing obligation.. 45
Appears in 1 contract
Samples: Purchase Agreement (Ivax Corp /De)
