Net of Benefits. Any Indemnifiable Claim is limited to the amount of actual damages sustained by the Indemnitee by reason of such breach or nonperformance.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Pinnacle West Capital Corp), Purchase and Sale Agreement (Pinnacle West Capital Corp), Purchase and Sale Agreement (Pinnacle West Capital Corp)
Net of Benefits. Any Indemnifiable Claim is shall be limited to the amount of actual damages sustained by the Indemnitee by reason of such breach or nonperformance, net of insurance recoveries or any tax benefit or other similar recovery or offset realized, directly or indirectly, by the Indemnitee.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Teco Energy Inc)
Net of Benefits. Any Indemnifiable Claim is shall be limited to the amount of actual damages sustained by the Indemnitee by reason of such breach or nonperformance, net of insurance recoveries received.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Tampa Electric Co)
