Common use of Recovery from Third Party Clause in Contracts

Recovery from Third Party. If the Vendors pays an amount pursuant to a Proceedings in respect of breach of any of the Warranties and the Company or the Purchaser has a right of reimbursement against any person other than the Company in respect of or relating to those Proceedings, the Company or the Purchaser shall (subject to the Company or the Purchaser, as the case may be, being indemnified to its reasonable satisfaction by the Vendors against all reasonable Costs) take all reasonable steps or proceedings to enforce such right. If the Purchaser subsequently recovers such reimbursement from such third party, the Purchaser shall forthwith repay to the Vendors such part of the amount paid by the Vendors by way of damages for breach of that Warranty as equals the amount of the which is so recovered by the Purchaser in respect of the facts, matters or circumstances giving rise to the breach of that Warranty (after taking account of the Costs of recovery and (if appropriate) any Taxation arising solely as a result of the recovery).

Appears in 1 contract

Samples: Agreement for Sale and Purchase of Shares (Brocker Technology Group LTD)

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Recovery from Third Party. If the Vendors or Xxxxx pays an amount pursuant to a Proceedings in respect of breach of any of the Warranties and the Company or the Purchaser has a right of reimbursement against any person other than the Company in respect of or relating to those Proceedings, the Company or the Purchaser shall (subject to the Company or the Purchaser, as the case may be, being indemnified to its reasonable satisfaction by the Vendors or Xxxxx against all reasonable Costs) take all [INIT] 41 reasonable steps or proceedings to enforce such right. If the Purchaser subsequently recovers such reimbursement from such third party, the Purchaser shall forthwith repay to the Vendors or Xxxxx as the case requires such part of the amount paid by the Vendors either of them by way of damages for breach of that Warranty Warrant as equals the amount of the which is so recovered by the Purchaser in respect of the facts, matters or circumstances giving rise to the breach of that Warranty (after taking account of the Costs of recovery and (if appropriate) any Taxation arising solely as a result of the recovery).

Appears in 1 contract

Samples: Sale and Purchase of Shares Agreement (Brocker Technology Group LTD)

Recovery from Third Party. If the Vendors Xxxxxx pays an amount pursuant to a Proceedings in respect of breach of any of the Warranties and the Company or the Purchaser has a right of reimbursement against any person other than the Company in respect of or relating to those Proceedings, the Company or the Purchaser shall (subject to the Company or the Purchaser, as the case may be, being indemnified to its reasonable satisfaction by the Vendors Xxxxxx against all reasonable Costs) take all reasonable steps or proceedings to enforce such right. If the Purchaser subsequently recovers such reimbursement from such third party, the Purchaser shall forthwith repay to the Vendors Xxxxxx such part of the amount paid by the Vendors Xxxxxx by way of damages for breach of that Warranty as equals the amount of the which is so recovered by the Purchaser in respect of the facts, matters or circumstances giving rise to the breach of that Warranty (after taking account of the Costs of recovery and (if appropriate) any Taxation arising solely as a result of the recovery).

Appears in 1 contract

Samples: Sale and Purchase of Shares (Brocker Technology Group LTD)

Recovery from Third Party. If the Vendors Vendor pays an amount pursuant to a Proceedings in respect of breach of any of the Warranties and the Company or the Purchaser has a right of reimbursement against any person other than the Company in respect of or relating to those Proceedings, the Company or the Purchaser shall (subject to the Company or the Purchaser, as the case may be, being indemnified to its reasonable satisfaction by the Vendors Vendor against all reasonable Costs) take all reasonable steps or proceedings to enforce such right. If the Purchaser subsequently recovers such reimbursement from such third party, the Purchaser shall forthwith repay to the Vendors Vendor as the case requires such part of the amount paid by the Vendors either of them by way of damages for breach of that Warranty as equals the amount of the which is so recovered by the Purchaser in respect of the facts, matters or circumstances giving rise to the breach of that Warranty (after taking account of the Costs of recovery and (if appropriate) any Taxation arising solely as a result of the recovery).

Appears in 1 contract

Samples: Agreement for Sale and Purchase of Shares (Brocker Technology Group LTD)

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Recovery from Third Party. If the Vendors pays pay an amount pursuant to a Proceedings in respect of breach of any of the Warranties and the Company or the Purchaser has a right of reimbursement against any person other than the Company in respect of or relating to those Proceedings, the Company or the Purchaser shall (subject to the Company or the Purchaser, as the case may be, being indemnified to its reasonable satisfaction by the Vendors against all reasonable Costs) take all reasonable steps or proceedings to enforce such right. If the Purchaser subsequently recovers such reimbursement from such third party, the Purchaser shall forthwith repay to the Vendors as the case requires such part of the amount paid by the Vendors either of them by way of damages for breach of that Warranty as equals the amount of the which is so recovered by the Purchaser in respect of the facts, matters or circumstances giving rise to the breach of that Warranty (after taking account of the Costs of recovery and (if appropriate) any Taxation arising solely as a result of the recovery).

Appears in 1 contract

Samples: Sale and Purchase of Shares (Brocker Technology Group LTD)

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