Common use of Subsequent Receipt Clause in Contracts

Subsequent Receipt. If the Seller reimburses the Buyer or any of its Affiliates for Buyer Incurred Damages and the Buyer or any of its Affiliates 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 Buyer Incurred Damages, the Buyer will promptly repay to the Seller 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 Buyer or any of its Affiliates in recovering the same; or (ii) the amount paid by the Seller in respect of such claim.

Subsequent Receipt. If the Seller reimburses the Buyer or any of its Affiliates Company for Buyer Incurred Damages and the Buyer or any of its Affiliates Company subsequently recovers from from, or is reimbursed by 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 Buyer Incurred Damages, the Buyer will, or will cause the relevant Company to, promptly repay to the Seller 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 Buyer or any of its Affiliates Company in recovering the same; or (ii) the amount paid by the Seller in respect of such claim.