Common use of Payment; Interest on Payment Clause in Contracts

Payment; Interest on Payment. In the event an Action for indemnification under this Article VIII shall have been finally determined, the amount of such final determination shall be paid to the Indemnified Party, on demand in immediately available funds. An Action and the liability for and amount of Losses, shall be deemed to be "finally determined" for purposes of this Article VIII when the parties to such Action have so determined by mutual agreement or, if disputed, when a final non-appealable Governmental Order with respect thereto shall have been entered. Any amounts not paid when due pursuant to this Article VIII shall bear interest from the date thereof until the date paid at a rate equal to the rate publicly announced from time to time by Citibank, N.A. as its prime or base rate. Nothing in this Section 8.04 shall operate to bar an Indemnified Party from seeking and (where appropriate) obtaining interest on any claim to the extent ordered by a court adjudicating any Action brought by the Indemnified Party against an Indemnifying Party.

Payment; Interest on Payment. In the event an Action for indemnification under this Article VIII X shall have been finally determined, the amount of such final determination shall be paid to the Indemnified Party, on demand in immediately available funds. An Action Action, and the liability for and amount of Lossesdamages therefor, shall be deemed to be "“finally determined" ” for purposes of this Article VIII X when the parties to such Action action have so determined by mutual agreement or, if disputed, when a final non-appealable Governmental Government Order with respect thereto shall have been entered. Any amounts not paid when due pursuant to this Article VIII X shall bear interest from the date thereof until the date paid at a rate equal to the rate publicly announced from time to time by Citibank, N.A. as its prime or base rate. Nothing in this Section 8.04 10.04 shall operate to bar an Indemnified Party from seeking and (where appropriate) obtaining interest on any claim to the extent ordered by a court adjudicating any Action brought by the Indemnified Party against an Indemnifying Party.