Reduction for Insurance Proceeds and Tax Savings. The amount of any Damages claimed by any Indemnitee hereunder shall be reduced to the extent of (i) any insurance proceeds, indemnification or other reimbursement or payment recoverable by the Company or the Indemnitee in connection with such Damages or the claim giving rise thereto; and (ii) any Tax savings or benefits realized or to be realized by the Company or by any Indemnitee in connection with such Damages or the claim giving rise thereto (it being acknowledged by the Parties that there may be no such Tax savings or benefits).
Appears in 2 contracts
Samples: Asset Purchase Agreement (Heritage Propane Partners L P), Asset Purchase Agreement (Heritage Propane Partners L P)
Reduction for Insurance Proceeds and Tax Savings. The amount of any Damages claimed by any Indemnitee hereunder shall be reduced to the extent of (i) any insurance proceeds, indemnification or other reimbursement or payment recoverable by the Company Buyer or the Indemnitee in connection with such Damages or the claim giving rise thereto; and (ii) any Tax savings or benefits realized or to be realized by the Company Buyer or by any Indemnitee in connection with such Damages or the claim giving rise thereto (it being acknowledged by the Parties that there may be no such Tax savings or benefits).
Appears in 2 contracts
Samples: Merger Agreement (Heritage Propane Partners L P), Merger Agreement (Heritage Propane Partners L P)
Reduction for Insurance Proceeds and Tax Savings. The amount of any Damages claimed by any Indemnitee hereunder shall be reduced to the extent of (i) any insurance proceeds, indemnification or other reimbursement or payment -39- 45 recoverable by the Company or the Indemnitee in connection with such Damages or the claim giving rise thereto; and (ii) any Tax savings or benefits realized or to be realized by the Company or by any Indemnitee in connection with such Damages or the claim giving rise thereto (it being acknowledged by the Parties that there may be no such Tax savings or benefits).
Appears in 1 contract
Samples: Stock Purchase Agreement (Heritage Propane Partners L P)