Common use of Reductions and Subrogation Clause in Contracts

Reductions and Subrogation. If the amount of any Claim incurred by an Indemnified Party at any time subsequent to the making of an indemnity payment is reduced by: (a) any net Tax benefit to that Indemnified Party; or (b) any recovery, settlement or otherwise under or pursuant to any insurance coverage, or pursuant to any claim, recovery, settlement or payment by or against any other Person, the amount of such reduction (less any costs, expenses (including taxes) or premiums incurred in connection therewith), shall promptly be repaid by the Indemnified Party to the Indemnifying Party. Upon making a full indemnity payment, the Indemnifying Party shall, to the extent of such indemnity payment, be subrogated to all rights of the Indemnified Party against any third party in respect of the Claim to which the indemnity payment relates.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Postmedia Network Canada Corp.), Asset Purchase Agreement (Postmedia Network Canada Corp.)

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Reductions and Subrogation. If the amount of any Claim Losses incurred by an Indemnified a Party at any time subsequent to the making of an indemnity payment is reduced by: (a) any net Tax benefit to that Indemnified Party; or (b) any recovery, settlement or otherwise under or pursuant to any insurance coverage, or pursuant to any claim, recovery, settlement or payment by or against any other Person, the amount of such reduction (less any costs, expenses (including taxesTaxes) or increase in premiums arising or incurred in connection therewithas a result of such Losses), shall promptly be repaid by the Indemnified that Party to the Indemnifying other Party. Upon making a full indemnity payment, the Indemnifying a Party shall, to the extent of such indemnity payment, be subrogated to all rights of the Indemnified other Party against any third party in respect of the Claim Losses to which the indemnity payment relates.

Appears in 1 contract

Samples: Share Purchase and Sale Agreement (Uranium Energy Corp)

Reductions and Subrogation. If the amount of any Claim Losses incurred by an the Indemnified Party Parties at any time subsequent to the making of an indemnity Indemnity payment is reduced by: (a) any net Tax benefit to that Indemnified Party; or (b) by any recovery, settlement or otherwise under or pursuant to any insurance coverage, or pursuant to any claim, recovery, settlement or payment by or against any other Person, the amount of such reduction (less any costs, expenses (including taxesTaxes) or premiums incurred in connection therewith), ) shall promptly be repaid by the Indemnified Party Parties to the Indemnifying Party. Upon making a full indemnity Indemnity payment, the Indemnifying Party shall, to the extent of such indemnity Indemnity payment, be subrogated to all rights of the Indemnified Party Parties against any third party in respect of the Claim to which the indemnity Indemnity payment relates.

Appears in 1 contract

Samples: Indemnification Agreement (Nova Chemicals Corp /New)

Reductions and Subrogation. (1) If the amount of any Claim Damages incurred by an Indemnified a Party at any time subsequent to the making of an indemnity payment is reduced by: (a) any net Tax benefit to that Indemnified Party; or (b) any recovery, settlement or otherwise under or pursuant to any insurance coverage, or pursuant to any claim, recovery, settlement or payment by or against any other Person, the amount of such reduction (less any costs, expenses (including taxesTaxes) or increase in premiums arising or incurred in connection therewithas a result of such Damages), shall promptly be repaid by the Indemnified that Party to the Indemnifying other Party. Upon making a full indemnity payment, the Indemnifying a Party shall, to the extent of such indemnity payment, be subrogated to all rights of the Indemnified other Party against any third party in respect of the Claim Damages to which the indemnity payment relates.

Appears in 1 contract

Samples: Arrangement Agreement (Central Fund of Canada LTD)

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Reductions and Subrogation. If the amount of any Claim incurred by an Indemnified a Party at any time subsequent to the making of an indemnity payment is reduced by: (a) any net Tax benefit to that Indemnified Party; or (b) any recovery, settlement or otherwise under or pursuant to any insurance coverage, or pursuant to any claim, recovery, settlement or payment by or against any other Person, the amount of such reduction (less any costs, expenses (including taxes) or premiums incurred in connection therewith), together with interest thereon from the date of payment thereof at a rate of 4 percent, shall promptly be repaid by the Indemnified that Party to the Indemnifying other Party. Upon making a full indemnity payment, the Indemnifying a Party shall, to the extent of such indemnity payment, be subrogated to all rights of the Indemnified other Party against any third party in respect of the Claim to which the indemnity payment relates.

Appears in 1 contract

Samples: Asset Sale Agreement (Corinthian Colleges Inc)

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