Subsequent Receipt. If the Buyer reimburses the Seller for Seller Incurred Damages and the Seller subsequently recovers from or is reimbursed by a Third Party (including any insurer or Tax authority), in whole or in part, for matters related to the same subject matter of such Seller Incurred Damages, the Seller will promptly repay to the Buyer the lesser of: (i) the amount equal to the amount recovered from such Third Party less any out-of-pocket costs and expenses (including the amount insurance premiums have increased as a result of such claim) incurred by the Seller in recovering the same; or (ii) the amount paid by the Buyer in respect of such claim.
Appears in 4 contracts
Samples: Purchase and Option Agreement (Novartis Ag), Sale and Purchase Agreement (Novartis Ag), Purchase and Option Agreement (Novartis Ag)
