RECOVERIES FROM THIRD PARTIES. The Underwriter is entitled and the Policyholder gives consent to the Underwriter to control and settle any claim and to take proceedings at its own expense in the name of the Policyholder to secure compensation from any third party in respect of any loss or damage covered by this Policy.
RECOVERIES FROM THIRD PARTIES. If any Indemnified Person shall recover from or be paid by, any person (other than PPC, Enterprise Oil or Xxxxxxx Energy or out of any security constituted by any of the Lease Documents) any amount (other than under clause 26) in respect of any payments paid or discharged by PPC in accordance with this clause 25, then provided that the Lessor has received payment of such amount and is satisfied that such amount is unconditionally available for retention by the Lessor, the Lessor shall pay to PPC a sum equal to the value of such recovered or paid amount together with any interest actually earned on such recovered or paid amount (less the amount of any Tax Liability thereon), such payment by the Lessor to be subject always to the provisions of clause 26.
RECOVERIES FROM THIRD PARTIES. Provided Transtech and the Cooperating PRP Group have fulfilled their obligations under this Agreement, any amounts that Transtech or the Cooperating PRP Group recover in connection with their claims against others, including but not limited to other insurers or third parties, for property damage or any other liabilities related in any way to the matters released in this Agreement shall be for the sole benefit of the recovering party (be it Transtech or the Cooperating PRP Group), and not for the benefit of London Market Insurers.
RECOVERIES FROM THIRD PARTIES. The indemnification amount to which an Indemnified Party may become entitled under this Article VIII shall be net of any actual recovery received by the Indemnified Party from a third party with respect to the facts giving rise to the Claim less any costs reasonably incurred by the Indemnified Party in connection with obtaining such recovery in respect of such Claim.
RECOVERIES FROM THIRD PARTIES. If any Indemnified Person shall recover from or be paid by, any person (other than the Lessee, the Sub-Lessee, a Service Contractor or out of any security constituted by any of the Relevant Lease Documents) any amount (other than under Clause 26) in respect of any payments paid or discharged by the Lessee in accordance with this Clause 25, then provided that the Lessor has received payment of such amount and is satisfied that such amount is unconditionally available for retention by the Lessor, the Lessor shall pay to the Lessee a sum equal to the value of such recovered or paid amount together with any interest actually earned on such recovered or paid amount (less the amount of any Tax Liability thereon), such payment by the Lessor to be subject always to the provisions of Clause 26.
RECOVERIES FROM THIRD PARTIES. (a) If the Purchaser or a Group Company recovers from a third party the amount of any valid claim which would, but for the provisions of clause 15.2(b), be a valid claim then, to the extent of the amount so recovered, the claim will no longer be taken into account when aggregating claims under clause 15.2(b). (b) If the Purchaser or a Group Company recovers from a third party any amount relating to any claim the payment of which has already been made by a Vendor to the Purchaser, then the Purchaser will without withholding or deduction (except as required by law) pay immediately or procure the immediate payment of the amount so recovered (less costs of recovery) or the amount paid by that Vendor (whichever is less) to that Vendor.
RECOVERIES FROM THIRD PARTIES. 2.1 The liability of the Covenantors for a Claim for breach of any Warranty shall be reduced to the extent that the Purchaser and/or the Company receives any cash sum from any third party (including a Taxation Authority or insurer but excluding the Company or any member of the Purchaser’s Group or any employee of them (in their capacity as an employee of the Company or the Purchaser)) in respect of the matter or circumstance giving rise to the Claim save that in the case of payment from an insurer, the amount of any such reduction shall be reduced by any increase in insurance premium as a direct consequence of such Claim.
2.2 If the Purchaser and/or the Company receives any cash sum from a third party (including a taxation authority or insurer but excluding the Company or any member of the Purchaser’s Group or any employee of them (in their capacity as an employee of the Company or the Purchaser)) in respect of the matter or circumstance giving rise to a Claim for breach of Warranty and such recovery is made following payment by either of the Covenantors of the Claim, then the recipient of such recovery shall repay to the relevant Covenantor an amount of such recovery not exceeding the amount paid by the relevant Covenantor in respect of the Claim save that in the case of payment from an insurer, the amount of any such reduction shall be reduced by any increase in insurance premium as a direct consequence of such Claim.
RECOVERIES FROM THIRD PARTIES. 8.1 If CPW has made a payment to Best Buy Acquisition Co in respect of a claim arising under paragraph 2 of Part B of this Schedule or the Tax Warranties and Best Buy Acquisition Co recovers from some other person (other than Best Buy Acquisition Co, any person connected with Best Buy Acquisition Co, CPW, any person connected with CPW or any Company but including any tax authority) any sum in respect of any matter giving rise to such payment under this Schedule, Best Buy Acquisition Co shall promptly pay to CPW the lesser of:
(a) the sum so recovered by Best Buy Acquisition Co (including sums recovered or in respect of costs and any interest received in respect of the sum recovered), but less any costs of recovery not previously reimbursed, and less any tax which is, or, but for the availability of a Relief would be chargeable on the sum recovered); and
(b) an amount equal to any payments previously made by CPW to Best Buy Acquisition Co under paragraph 2 of this Schedule in connection with that recovery.
8.2 If CPW has made a payment to Best Buy Acquisition Co in respect of a claim arising under paragraph 2 of Part B of this Schedule and any Company recovers from some other person (other than Best Buy Acquisition Co, any person connected with Best Buy Acquisition Co, CPW, any person connected with CPW or any Company but including any tax authority) any sum in respect of any matter giving rise to such payment under this Schedule, Best Buy Acquisition Co shall promptly pay to CPW the lesser of:
(a) 50% of the sum so recovered by the Company from such other person (including 50% of such sums in respect of costs and any 50% of any interest received in respect of the sum recovered), but less any costs of recovery not previously reimbursed, and less any tax which is, or, but for the availability of a Relief would be chargeable on the sum recovered); and
(b) any payments previously made by CPW to Best Buy Acquisition Co under paragraph 2 of this Schedule in connection with that recovery.
RECOVERIES FROM THIRD PARTIES. If any Indemnifiable Person recovers from, or is paid by, any person (other than the Lessee) any amount (other than under Clause 20 (Tax indemnity and other provisions)) in respect of any payments paid or discharged by the Lessee under this Clause 19, then if the Indemnifiable Person has received payment of such amount and the Lessor is satisfied that such amount is unconditionally available for retention by the Indemnifiable Person, the Lessor will ensure that the Lessee is paid a sum equal to the value of such recovered or paid amount, such payment to the Lessee to be subject always to the provisions of Clause 20 (Tax indemnity and other provisions).
RECOVERIES FROM THIRD PARTIES. If any Indemnified Person shall recover from or be paid by, any person (other than the Lessee, the Guarantor or the Sub-Lessee) any amount (other than under Clause 26) in respect of any payments paid or discharged by the Lessee in accordance with this Clause 25, then provided that the Lessor has received payment of such amount and is satisfied that such amount is unconditionally available for retention by the Lessor, the Lessor shall pay to the Lessee a sum equal to the value of such recovered or paid amount together with any interest actually earned on such recovered or paid amount (less the amount of any Tax Liability thereon), such payment by the Lessor to be subject always to the provisions of Clause 25.5.
