Common use of Recovery from Insurers and other Third Parties Clause in Contracts

Recovery from Insurers and other Third Parties. 6.1 If, in respect of any matter which would give rise to a claim under the Warranties, any member of the Purchaser’s Group or relevant Seller’s Retained Group (as the case may be) is or may be entitled to claim under any policy of insurance in respect of any matter or event that is likely to give rise to a claim, then no such matter shall be the subject of a claim under the Warranties unless and until the appropriate member of the Purchaser’s Group or relevant Seller’s Retained Group (as the case may be) shall have made a claim against its insurers and used reasonable endeavours to pursue such claim. If the Purchaser or any member of the Purchaser’s Group shall recover any amount from such insurance claim, the amount of the claim against the Seller shall be reduced by the amount so recovered (less (i) all reasonable costs of recovery, (ii) any Tax thereon, and (iii) any directly related increase in the future premiums payable for such insurance).

Appears in 5 contracts

Samples: Contribution Agreement (Liberty Global PLC), Agreement (Vodafone Group Public LTD Co), Contribution and Transfer Agreement (Liberty Global PLC)

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Recovery from Insurers and other Third Parties. 6.1 a. If, in respect of any matter which would give rise to a claim under the Warranties, any member of the Purchaser’s 's Group or relevant Seller’s 's Retained Group (as the case may be) is or may be entitled to claim under any policy of insurance in respect of any matter or event that is likely to give rise to a claim, then no such matter shall be the subject of a claim under the Warranties unless and until the appropriate member of the Purchaser’s 's Group or relevant Seller’s 's Retained Group (as the case may be) shall have made a claim against its insurers and used reasonable endeavours to pursue such claim. If the Purchaser or any member of the Purchaser’s 's Group shall recover any amount from such insurance claim, the amount of the claim against the Seller shall be reduced by the amount so recovered (less (i) all reasonable costs of recovery, (ii) any Tax thereon, and (iii) any directly related increase in the future premiums payable for such insurance).

Appears in 1 contract

Samples: Contribution Agreement (Telefonica S A)

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