Common use of Net Damages Clause in Contracts

Net Damages. Notwithstanding anything contained herein to the contrary, the amount of any Losses incurred or suffered by an Indemnified Party shall be calculated after giving effect to any proceeds or recoveries actually received by the Indemnified Party from any other third party, including any proceeds from insurance policies covering the event or claim giving rise to the indemnification obligation, net of the reasonable costs incurred by Purchaser or any of its Affiliates in obtaining any such proceeds or recoveries.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Griffin-American Healthcare REIT III, Inc.), Asset Purchase Agreement (Griffin-American Healthcare REIT III, Inc.)

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Net Damages. Notwithstanding anything contained herein to the contrary, the amount of any Losses incurred or suffered by an Indemnified Party under Section 9.2 shall be calculated after giving effect to any proceeds proceeds, benefits or recoveries actually received obtained by the Indemnified Party (or any of its Affiliates) from any other third party, including any proceeds from insurance policies covering the event or claim giving rise to the indemnification obligation, obligation (but net of any increase in insurance premiums as a result of the reasonable costs incurred by Purchaser event or any of its Affiliates in obtaining any such proceeds or recoveriesclaim giving rise to the indemnification obligation ).

Appears in 1 contract

Samples: Merger Agreement (Click Commerce Inc)

Net Damages. Notwithstanding anything contained herein to the contrary, the amount of any Losses incurred or suffered by an Indemnified Party shall be calculated after giving effect to any commercially reasonable mitigation efforts required by applicable law which the Indemnified Party undertook or could have undertaken, and any proceeds or recoveries actually received by the Indemnified Party from any other third party, including any proceeds from insurance policies covering the event or claim giving rise to the indemnification obligation, net of the reasonable costs incurred by Purchaser or any of its Affiliates in obtaining any such proceeds or recoveries.

Appears in 1 contract

Samples: Asset Purchase Agreement (Griffin-American Healthcare REIT III, Inc.)

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Net Damages. Notwithstanding anything contained herein to the contrary, the amount of any Losses incurred or suffered by an Indemnified Party under Section 9.2 shall be calculated after giving effect to any proceeds proceeds, benefits or recoveries actually received obtained by the Indemnified Party (or any of its Affiliates) from any other third third-party, including any proceeds from insurance policies covering the event or claim giving rise to the indemnification obligation, obligation (but net of any increase in insurance premiums as a result of the reasonable costs incurred by Purchaser event or any of its Affiliates in obtaining any such proceeds or recoveriesclaim giving rise to the indemnification obligation ).

Appears in 1 contract

Samples: Merger Agreement (Click Commerce Inc)

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