Common use of No Double Recovery; Use of Insurance Clause in Contracts

No Double Recovery; Use of Insurance. Notwithstanding anything in this Agreement to the contrary, no Indemnified Party shall be entitled to indemnification or reimbursement under any provision of this Agreement for any amount to the extent (and only to the extent) such Indemnified Party has previously been indemnified or reimbursed for such amount by an unaffiliated third party under any other provision of this Agreement or otherwise. The amount of any indemnification payable under this Agreement will be net of any insurance proceeds received by the Indemnified Party under any third party policies of insurance covering the Loss giving rise to the claim, net of any costs, expenses (including reasonable fees and expenses of attorneys), deductibles or retentions incurred in connection with or as a result of collecting such proceeds. The Indemnified Party will use commercially reasonable efforts to collect any such third party insurance and will account to the Indemnifying Party therefor, but shall in no event be required to engage counsel or file suit against any third party insurer. If, at any time subsequent to the Indemnified Party receiving an indemnity payment for a claim under this Agreement, the Indemnified Party receives payment in respect of the Loss underlying such claim through recovery, settlement or otherwise under or pursuant to any third party insurance coverage, or pursuant to any claim, recovery, settlement or payment by or against a third party, the amount of such payment, less any costs, expenses (including reasonable fees and expenses of attorneys), deductibles or retentions incurred in connection with or as a result of collecting such payment, up to the amount of the indemnity payment previously received from the Indemnifying Party, will promptly be repaid by the Indemnified Party to the Indemnifying Party. Nothing under this Section 7.5 shall limit, delay or otherwise affect the rights of any Indemnified Party pursuant to this Article VII.

No Double Recovery; Use of Insurance. Notwithstanding anything in this Agreement herein to the contrary, no Indemnified Party party or other Person entitled to indemnification under this ARTICLE IX shall be entitled to indemnification or reimbursement under any provision of this Agreement for any amount to the extent (and only to the extent) such Indemnified Party party or its Affiliate has previously been indemnified or reimbursed for such amount by an unaffiliated third party under any other provision of this Agreement (including to the extent there has been a specific liability or reserve relating to such matter included in the calculation of the Purchase Price adjustments pursuant to Section 2.06) or any document executed in connection with this Agreement or otherwise. The amount of any indemnification payable under this Agreement ARTICLE IX will be net of the receipt of any insurance proceeds received by paid to the Indemnified Party under any third party policies of insurance covering the Loss giving rise to the claim, net of any costs, expenses (including reasonable fees and expenses of attorneys), deductibles or retentions incurred in connection with or as a result of collecting such proceedsClaim. The Indemnified Party will use commercially reasonable efforts to collect any such third party insurance and will account to the Indemnifying Party therefor, but shall in no event be required to engage counsel or file suit against any third party insurer. If, at any time subsequent to the Indemnified Party receiving an indemnity payment for a claim Claim under this AgreementARTICLE IX, the Indemnified Party receives payment in respect of the Loss underlying such claim Claim through recovery, settlement or otherwise under or pursuant to any third party insurance coverage, or pursuant to any claimClaim, recovery, settlement or payment by or against a third partyanother Person, the amount of such payment, less any costs, expenses (including reasonable fees and expenses of attorneys), deductibles or retentions premiums incurred directly in connection with or as a result of collecting such payment, up to the amount of the indemnity payment previously received from the Indemnifying Partytherewith, will promptly be repaid by the Indemnified Party to the Indemnifying Party. Nothing under this Section 7.5 shall limit, delay or otherwise affect the rights of any Indemnified Party pursuant to this Article VII.

No Double Recovery; Use of Insurance. Notwithstanding anything in this Agreement herein to the contrary, no Indemnified Party party or other Person entitled to indemnification under this Article IX shall be entitled to indemnification or reimbursement under any provision of this Agreement for any amount to the extent (and only to the extent) such Indemnified Party party or its Affiliate has previously been indemnified or reimbursed for such amount by an unaffiliated third party under any other provision of this Agreement (including to the extent there has been a specific liability or reserve relating to such matter included in the calculation of the Purchase Price adjustment pursuant to Section 2.07) or any document executed in connection with this Agreement or otherwise. The amount of any indemnification payable under this Agreement Article IX will be net of the receipt of any insurance proceeds received by paid or payable to the Indemnified Party under any third party policies of insurance covering the Loss giving rise to the claim, net of any costs, expenses (including reasonable fees and expenses of attorneys), deductibles or retentions incurred in connection with or as a result of collecting such proceedsClaim. The Indemnified Party will use commercially reasonable efforts to collect any such third party insurance and will account to the Indemnifying Party therefor, but shall in no event be required to engage counsel or file suit against any third party insurer. If, at any time subsequent to the Indemnified Party receiving an indemnity payment for a claim Claim under this AgreementArticle IX, the Indemnified Party receives payment in respect of the Loss underlying such claim Claim through recovery, settlement or otherwise under or pursuant to any third party insurance coverage, or pursuant to any claimClaim, recovery, settlement or payment by or against a third partyanother Person, the amount of such payment, less any costs, expenses (including reasonable fees and expenses of attorneys), deductibles or retentions premiums incurred directly in connection with or as a result of collecting such payment, up to the amount of the indemnity payment previously received from the Indemnifying Partytherewith, will promptly be repaid by the Indemnified Party to the Indemnifying Party. Nothing under this Section 7.5 shall limit, delay or otherwise affect the rights of any Indemnified Party pursuant to this Article VII.9.08