Common use of Reduction for Insurance Clause in Contracts

Reduction for Insurance. The gross amount which an Indemnifying Party is liable to, for, or on behalf of the Indemnified Party pursuant to this Article 7 (the "Indemnifiable Loss") shall be reduced (including, without limitation, retroactively) by any insurance proceeds actually recovered by or on behalf of such Indemnified Party related to the Indemnifiable Loss. If an Indemnified Party shall have received or shall have had paid on its behalf an indemnity payment in respect of an Indemnifiable Loss and shall subsequently receive directly or indirectly insurance proceeds in respect of such Indemnifiable Loss, then such Indemnified Party shall pay to such Indemnifying Party the net amount of such insurance proceeds or, if less, the amount of such indemnity payment.

Appears in 9 contracts

Samples: Stock Purchase Agreement (Viva Gaming & Resorts Inc), Conversion Agreement (Viva Gaming & Resorts Inc), Conversion Agreement (Viva Gaming & Resorts Inc)

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Reduction for Insurance. The gross amount which an Indemnifying Party indemnifying party is liable to, for, or on behalf of the Indemnified Party indemnified party pursuant to this Article 7 X (the "Indemnifiable Loss") shall be reduced (including, without limitation, retroactively) by any insurance proceeds actually recovered by or on behalf of such Indemnified Party indemnified party related to the Indemnifiable Loss. If an Indemnified Party indemnified party shall have received or shall have had paid on its behalf an indemnity payment in respect of an Indemnifiable Loss and shall subsequently receive directly or indirectly insurance proceeds in respect of such Indemnifiable Loss, then such Indemnified Party indemnified party shall pay to such Indemnifying Party indemnifying party the net amount of such insurance proceeds or, if less, the amount of such indemnity payment.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Datatec Systems Inc), Agreement and Plan of Merger (Next Generation Technology Holdings Inc), Agreement and Plan of Merger (GST Telecommunications Inc)

Reduction for Insurance. The gross amount which an Indemnifying Party is liable to, for, or on behalf of the Indemnified Party pursuant to this Article 7 IX (the "Indemnifiable Loss") shall be reduced (including, without limitation, retroactively) by any insurance proceeds actually recovered by or on behalf of such Indemnified Party related to the Indemnifiable Loss. If an Indemnified Party shall have received or shall have had paid on its behalf an indemnity payment in respect of an Indemnifiable Loss and shall subsequently receive directly or indirectly insurance proceeds in respect of such Indemnifiable Loss, then such Indemnified Party shall pay to such Indemnifying Party the net amount of such insurance proceeds or, if less, the amount of such indemnity payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (GST Telecommunications Inc)

Reduction for Insurance. The gross amount for which an Indemnifying Party is liable to, for, or for on behalf of the an Indemnified Party pursuant to this Article 7 9 (the "Indemnifiable Loss") shall be reduced (including, without limitation, retroactively) by any insurance proceeds actually recovered by or on behalf of such Indemnified Party related to the such Indemnifiable Loss. If an the Indemnified Party shall have received or shall have had been paid on its behalf an indemnity payment in respect of an such Indemnifiable Loss and shall subsequently receive directly or indirectly insurance proceeds in respect of such Indemnifiable Loss, then such the Indemnified Party shall pay to such the Indemnifying Party the net amount of such insurance proceeds or, if less, the amount of such indemnity payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (PMT Services Inc /Tn/)

Reduction for Insurance. The gross amount which an Indemnifying Party indemnifying party is liable to, for, or on behalf of the Indemnified Party indemnified party pursuant to this Article 7 Section 8 (the "Indemnifiable Loss") shall be reduced (including, without limitation, retroactively) by any insurance proceeds actually recovered by or on behalf of such Indemnified Party indemnified party related to the Indemnifiable Loss. If an Indemnified Party indemnified party shall have received or shall have had paid on its behalf an indemnity payment in respect of an Indemnifiable Loss and shall subsequently receive directly or indirectly insurance proceeds in respect of such Indemnifiable Loss, then such Indemnified Party indemnified party shall pay to such Indemnifying Party indemnifying party the net amount of such insurance proceeds or, if less, the amount of such indemnity payment.

Appears in 1 contract

Samples: Stock Purchase Agreement (Del Global Technologies Corp)

Reduction for Insurance. The gross amount which an Indemnifying Party is liable to, for, or on behalf of the Indemnified Party pursuant to this Article 7 6 (the "Indemnifiable Loss") shall be reduced (including, without limitation, retroactively) by any insurance proceeds actually recovered by or on behalf of such Indemnified Party related to the Indemnifiable Loss. If an Indemnified Party shall have received or shall have had paid on its behalf an indemnity payment in respect of an Indemnifiable Loss and shall subsequently receive directly or indirectly insurance proceeds in respect of such Indemnifiable Loss, then such Indemnified Party shall pay to such Indemnifying Party the net amount of such insurance proceeds or, if less, the amount of such indemnity payment.

Appears in 1 contract

Samples: Conversion Agreement (Viva Gaming & Resorts Inc)

Reduction for Insurance. The gross amount which an Indemnifying Party indemnifying party is liable to, for, or on behalf of the Indemnified Party indemnified party pursuant to this Article 7 IX (the "Indemnifiable Loss") shall be reduced (including, without limitation, retroactively) by any insurance proceeds actually recovered by or on behalf of such Indemnified Party indemnified party related to the Indemnifiable LossLoss and by any associated tax benefit. If an Indemnified Party indemnified party shall have received or shall have had paid on its behalf an indemnity payment in respect of an Indemnifiable Loss and shall subsequently receive directly or indirectly insurance proceeds in respect of such Indemnifiable Loss, then such Indemnified Party indemnified party shall pay to such Indemnifying Party indemnifying party the net amount of such insurance proceeds or, if less, the amount of such indemnity payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Hospitality Worldwide Services Inc)

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Reduction for Insurance. The gross amount which an Indemnifying Party indemnifying party is liable to, for, or on behalf of the Indemnified Party indemnified party pursuant to this Article 7 VII (the "Indemnifiable Loss") shall be reduced (including, without limitation, retroactively) by any insurance proceeds actually recovered by or on behalf of such Indemnified Party indemnified party related to the Indemnifiable Loss. If an Indemnified Party indemnified party shall have received or shall have had paid on its behalf an indemnity payment in respect of an Indemnifiable Loss and shall subsequently receive directly or indirectly insurance proceeds in respect of such Indemnifiable Loss, then such Indemnified Party indemnified party shall pay to such Indemnifying Party indemnifying party the net amount of such insurance proceeds or, if less, the amount of such indemnity payment.

Appears in 1 contract

Samples: Stock Purchase Agreement (Falconstor Software Inc)

Reduction for Insurance. The gross amount which an Indemnifying Party is liable to, for, or on behalf of the Indemnified Party pursuant to this Article 7 IX (the "Indemnifiable Loss") shall be reduced (including, without limitation, retroactively) by any insurance proceeds actually recovered by or on behalf of such Indemnified Party related to the Indemnifiable Loss. If an Indemnified Party shall have received or shall have had paid on its behalf an indemnity payment in respect of an Indemnifiable Loss and shall subsequently receive directly or indirectly insurance proceeds in respect of such Indemnifiable Loss, then such Indemnified Party indemnified party shall pay to such Indemnifying Party the net amount of such insurance proceeds or, if less, the amount of such indemnity payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (GST Telecommunications Inc)

Reduction for Insurance. The gross amount which an Indemnifying Party indemnifying party is liable to, for, or on behalf of the Indemnified Party Indemnitee pursuant to this Article 7 VIII (the "Indemnifiable Loss") shall be reduced (including, without limitation, retroactively) by any insurance proceeds actually recovered by or on behalf of such Indemnified Party indemnified party related to the Indemnifiable Loss. If an Indemnified Party indemnified party shall have received or shall have had paid on its behalf an indemnity payment in respect of an Indemnifiable Loss and shall subsequently receive directly or indirectly insurance proceeds in respect of such Indemnifiable Loss, then such Indemnified Party Indemnitee shall pay to such Indemnifying Party the net amount of such insurance proceeds or, if less, the amount of such indemnity payment. Notwithstanding the foregoing, an indemnified party shall have no obligation to seek insurance proceeds.

Appears in 1 contract

Samples: Stock Purchase Agreement (Datatec Systems Inc)

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