Common use of Net Recovery Clause in Contracts

Net Recovery. The amount which an Indemnified Party shall be entitled to receive from an Indemnifying Party under this Article IX with respect to any indemnifiable Liability shall be net of any recovery actually received by such Indemnified Party from unaffiliated third parties (including insurance proceeds (except from self-insurance programs), counterclaims, subrogation actions, warranties and indemnification from, and other claims against, third parties and the like).

Appears in 1 contract

Sources: Asset Purchase Agreement (dELiAs, Inc.)

Net Recovery. The amount which an Indemnified Party shall be entitled to receive from an Indemnifying Party under this Article IX VII with respect to any indemnifiable a Liability shall be net of all amounts actually recovered or received under insurance policies relating to any recovery actually received by such Indemnified Party from unaffiliated third parties (including insurance proceeds (except from self-insurance programs), counterclaims, subrogation actions, warranties and indemnification from, and other claims against, third parties and the like)Liabilities.

Appears in 1 contract

Sources: Merger Agreement (Pioneer Power Solutions, Inc.)

Net Recovery. The amount which an Indemnified Party shall be entitled to receive from an Indemnifying Party under this Article IX V with respect to any indemnifiable Liability shall be net of any recovery insurance proceeds actually received by such an Indemnified Party from unaffiliated third parties (including with respect to such claim, net of any increased premiums and reasonable costs of pursuing an insurance proceeds (except from self-insurance programs), counterclaims, subrogation actions, warranties and indemnification from, and other claims against, third parties and the like)claim.

Appears in 1 contract

Sources: Asset Purchase Agreement (dELiAs, Inc.)

Net Recovery. The amount which an Indemnified Party shall be entitled to receive from an Indemnifying Party under this Article IX VII with respect to any indemnifiable Liability a Loss shall be net of any recovery actually received by such Indemnified Party from unaffiliated third parties with respect to such Losses (including insurance proceeds (except from self-insurance programs)proceeds, counterclaims, subrogation actions, warranties and indemnification from, and other claims against, third parties actions and the like).

Appears in 1 contract

Sources: Interest Purchase Agreement (Terremark Worldwide Inc)

Net Recovery. The amount which an Indemnified Party shall be entitled to receive from an Indemnifying Party under this Article IX XI with respect to any indemnifiable a Liability shall be net of any recovery actually received by such Indemnified Party from unaffiliated third parties (including insurance proceeds (except from self-insurance programs)proceeds, counterclaims, subrogation actions, warranties and indemnification from, and other claims against, third parties actions and the like)) after all costs of collection on account of such Liability.

Appears in 1 contract

Sources: Merger Agreement (Alpine Group Inc /De/)