Common use of Reduction of Loss Clause in Contracts

Reduction of Loss. To the extent any Loss of an Indemnified Party is reduced by receipt of payment (a) under insurance policies which are not subject to retroactive adjustment or other reimbursement to the insurer in respect of such payment, or (b) from third parties not Affiliated with the Indemnified Party, such payments (net of the expenses of the recovery thereof) (such net payment being referred to herein as a "Reimbursement") shall be credited against such Loss; provided, however, (x) the pendency of such payments shall not delay or reduce the obligation of the Indemnifying Party to make payment to the Indemnified Party in respect of such Loss, and (y) the Indemnified Party shall have no obligation, hereunder or otherwise, to pursue payment under or from any insurer or third party in respect of such loss. If any Reimbursement is obtained subsequent to payment by an Indemnifying Party in respect of a Loss, such Reimbursement shall be promptly paid over to the Indemnifying Party.

Reduction of Loss. To the extent any Loss Liabilities of an Indemnified Party is are reduced by receipt of payment (ai) under insurance policies which are not subject to retroactive adjustment or other reimbursement to the insurer in respect of such payment, or (bii) from third parties not Affiliated affiliated with the Indemnified Party, such payments (net of the expenses of the recovery thereof) (such net payment being referred to herein as a "Reimbursement") shall be credited against such LossLiabilities; provided, however, (xy) the pendency of such payments shall not delay or reduce the obligation of the Indemnifying Party Indemnitors to make payment to the Indemnified Party in respect of such LossLiabilities, and (yz) the Indemnified Party shall have no obligation, hereunder or otherwise, to pursue payment under or from any insurer or third party in respect of such lossLiabilities. If any Reimbursement is obtained subsequent to payment by an Indemnifying Party any Indemnitors in respect of a Lossto any Liabilities, such Reimbursement shall be promptly paid over to the Indemnifying Partysuch Indemnitor.

Reduction of Loss. To the extent any Loss of an Indemnified Party is reduced by receipt of payment (ai) under insurance policies which are not subject to retroactive adjustment or other reimbursement to the insurer in respect of such payment, or (bii) from third parties not Affiliated affiliated with the Indemnified Party, such payments (net of the expenses of the recovery thereof) (such net payment being referred to herein as a "Reimbursement") shall be credited against such Loss; provided, however, (x) the pendency of such payments shall not delay or reduce the obligation of the Indemnifying Party to make payment to the Indemnified Party in respect of such Loss, and (y) the Indemnified Party shall have no obligation, hereunder or otherwise, to pursue payment under or from any insurer or third party in respect of such loss. If any Reimbursement is obtained subsequent to payment by an Indemnifying Party in respect of a Loss, such Reimbursement shall be promptly paid over to the Indemnifying Party.

Reduction of Loss. To the extent any Loss of an Indemnified Party is reduced by receipt of payment (ai) under insurance policies which are not subject to retroactive adjustment or other reimbursement to the insurer in respect of such payment, or (bii) from third parties not Affiliated with the Indemnified Party, such payments (net of the expenses of the recovery thereof) (such net payment being referred to herein as a "Reimbursement") shall be credited against such Loss; provided, however, (x) the pendency of such payments shall not delay or reduce the obligation of the Indemnifying Party to make payment to the Indemnified Party in respect of such Loss, and (y) the Indemnified Party shall have no obligation, hereunder or otherwise, to pursue payment under or from any insurer or third party in respect of such loss. If any Reimbursement is obtained subsequent to payment by an Indemnifying Party in respect of a Loss, such Reimbursement shall be promptly paid over to the Indemnifying Party.

Reduction of Loss. To the extent any Loss of an Indemnified Party party is reduced by receipt of payment (ai) under insurance policies which are not subject to retroactive adjustment or other reimbursement to the insurer in respect of such payment, or (bii) from third parties not Affiliated with the Indemnified Party, such payments (net of the expenses of the recovery thereof) (such net payment being referred to herein as a "Reimbursement") shall be credited against such Loss; provided, however, (x) the pendency of such payments shall not delay or reduce the obligation of the Indemnifying Party to make payment to the Indemnified Party in respect of such Loss, and (y) the Indemnified Party shall have no obligation, hereunder or otherwise, to pursue payment under or from any insurer or third party in respect of such loss. If any Reimbursement is obtained subsequent to payment by an Indemnifying Party in respect of a Loss, such Reimbursement shall be promptly paid over to the Indemnifying Party. Further, if the loss of an indemnified party is reduced by any income tax savings, the indemnifying party shall receive a credit equal to the tax savings amount against the loss.