Common use of Recovery from Third Parties Clause in Contracts

Recovery from Third Parties. 4.1 Where the Purchaser or the Company is at any time entitled to recover from some other person (not being the Purchaser or any member of the Purchaser's Group) (Third Party) any sum in respect of any matter giving rise to a Relevant Claim, the Purchaser shall take all reasonable steps to enforce such recovery before making a Relevant Claim. 4.2 If the Purchaser recovers any amount from a Third Party, the amount of the Relevant Claim shall then be reduced by the amount recovered (less all reasonable costs, charges and expenses incurred by the Purchaser in recovering that sum from such Third Party) or be extinguished if the amount recovered exceeds the amount of the Relevant Claim. 4.3 If the Seller at any time pay to the Purchaser an amount pursuant to a Relevant Claim and the Purchaser subsequently becomes entitled to recover from a Third Party any sum in respect of the matter giving rise to such Relevant Claim, the Purchaser shall take all reasonable steps to enforce such recovery, and shall repay to the Seller as soon as practicable so much of the amount paid to the Purchaser as does not exceed the sum recovered from such Third Party (less all reasonable costs, charges and expenses incurred by the Purchaser in recovering that sum from such Third Party).

Recovery from Third Parties. 4.1 Where 6.12.1 The Sellers and/or the Warrantors, as the case may be, shall not be liable in respect of any Warranty Claim other than the Tax Warranties if and to the extent that the Purchaser or the any Group Company is at any time entitled to recover has actually recovered from some other person (not being the Purchaser or any member of the Purchaser's Purchaser Group) (a “Third Party”) any sum in respect of any matter or circumstance giving rise to a Relevant Claim, the Purchaser shall take all reasonable steps to enforce such recovery before making a Relevant Warranty Claim. 4.2 6.12.2 If the Purchaser recovers any amount from a Third PartySellers and/or the Warrantors, as the amount of the Relevant Claim shall then be reduced by the amount recovered (less all reasonable costscase may be, charges and expenses incurred by the Purchaser in recovering that sum from such Third Party) or be extinguished if the amount recovered exceeds the amount of the Relevant Claim. 4.3 If the Seller at any time pay to the Purchaser an amount pursuant to a Relevant Warranty Claim other than the Tax Warranties and the Purchaser subsequently becomes entitled to recover recovers from some other person (not being the Purchaser or any member of the Purchaser Group) (a “Third Party Party”) any sum amount in respect of the matter giving rise to such Relevant Warranty Claim, the Purchaser shall take all reasonable steps to enforce such recovery, and shall without delay repay to the Seller Sellers and/or the Warrantors, as soon as practicable the case may be, from the sum recovered so much of the amount paid to the Purchaser as does not exceed the sum recovered from such Third Party (less all reasonable costs, charges and expenses incurred by the Purchaser in recovering that sum from such Third Party). If any amount is repaid to the Sellers and/or the Warrantors, as the case may be, by the Purchaser in accordance with this clause 6.12, an amount equal to the amount so repaid shall be deemed never to have been paid by such Sellers and/or the Warrantors, as the case may be, to the Purchaser.

Recovery from Third Parties. 4.1 Where 6.1 If the Purchaser Buyer or any Group Member or any member of the Company Buyer's Group is at any time entitled to recover from some other person (not being for the Purchaser avoidance of doubt including insurers (other than the Warranty and Indemnity Insurance) and Taxation authorities or the obtaining of any member of the Purchaser's Group) (Third PartyTaxation credit, relief, benefit or accrual) any sum in respect of any matter giving or event which could give rise to a Relevant Claim, the Purchaser shall Buyer will (or will procure that the relevant Group Member will) take all reasonable steps to enforce such recovery before making a Relevant Claim. 4.2 If the Purchaser recovers recover that sum and any amount from a Third Party, sum recovered will reduce the amount of the such Relevant Claim shall then be reduced by the amount recovered (less after deduction of all reasonable costs, charges costs and expenses incurred by the Purchaser in recovering that sum from such Third Party) or be extinguished if the amount recovered exceeds the amount of the Relevant Claimrecovery. 4.3 6.2 If a Seller pays the Seller at Buyer or any time pay Group Member a sum to the Purchaser an amount pursuant to settle or discharge a Relevant Claim and the Purchaser subsequently becomes entitled to recover from a Third Party Buyer or any sum in respect Group Member or any member of the matter giving rise to such Relevant ClaimBuyer's Group subsequently recovers whether by payment, the Purchaser shall take all reasonable steps to enforce such recoverydiscount, and shall repay credit, relief, accrual or otherwise from any third party (including any Taxation authority) a sum which is referable to the Relevant Claim then: 6.2.1 either the Buyer will (or will procure that the relevant Group Member will) repay the relevant Seller as soon as practicable so much of immediately the amount paid to the Purchaser as does not exceed the sum recovered from such Third Party (the third party less all any reasonable costs, charges costs and expenses incurred in recovering the same; or 6.2.2 if the figure resulting under paragraph 6. 2.1 above is greater than the amounts paid by the Purchaser relevant Seller to settle or discharge the Relevant Claim in recovering question, then the Buyer is only obliged to repay to that Seller such amount as is equivalent to the sum from such Third Party)paid by that Seller in settlement or discharge of that Relevant Claim.