Third Party Proceeds. If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under this Agreement, Renter hereby assigns to Owner Renter’s right to receive such payment. Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under this Agreement provided however, certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner’s “/day” charges or the per diem benefits under the applicable insurance policy. In such event the flat fee might exceed or be less than: the normal “/day” charges as calculated under this Agreement; or their party’s per diem benefits. Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to: vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party. Renter remains responsible for all charges not paid by the third parties, such as charges for vehicle upgrades, optional products, extra rental days, and all other charges.
Third Party Proceeds. If a third party, including, without limitation, an employer or corporate account, authorizes payment of any amount owed by Renter under this Rental Agreement, Renter hereby assigns to Owner Xxxxxx’s right to receive such payment. Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under this Rental Agreement; provided however, certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner’s “/day” charges or the per diem benefits under the applicable insurance policy. In such event the flat fee might exceed or be less than: the normal “/day” charges as calculated under this Rental Agreement; or their party’s per diem benefits. Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to: vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party. Renter remains responsible for all charges not paid by the third parties, such as charges for vehicle upgrades, optional products, extra rental days, and all other charges.
Third Party Proceeds. Any recovery by any Indemnitee for any Indemnifiable Loss subject to indemnification pursuant to this Article V shall be calculated (i) net of Insurance Proceeds actually received by such Indemnitee with respect to any Indemnifiable Loss and (ii) net of any proceeds actually received by the Indemnitee from any unaffiliated third party with respect to any such Liability corresponding to the Indemnifiable Loss (“Third Party Proceeds”). Accordingly, the amount which any Indemnifying Party is required to pay pursuant to this Article V to any Indemnitee pursuant to this Article V shall be reduced by any Insurance Proceeds or Third Party Proceeds theretofore actually recovered by or on behalf of the Indemnitee corresponding to the related Indemnifiable Loss. If an Indemnitee receives a payment required by this Agreement from an Indemnifying Party corresponding to any Indemnifiable Loss (an “Indemnity Payment”) and subsequently receives Insurance Proceeds or Third Party Proceeds, then the Indemnitee shall pay to the Indemnifying Party an amount equal to the excess of (i) the Indemnity Payment received over (ii) the amount of the Indemnity Payment that would have been due if the Insurance Proceeds or Third Party Proceeds (with such Insurance Proceeds or Third Party Proceeds reduced by the present value, based on the applicable Party’s then cost of short-term borrowing, of any related future premium increases known at such time) had been received before the Indemnity Payment was made.
Third Party Proceeds. The amount to which a Buyer Indemnified Person may become entitled under this Article VIII shall be net of any amounts actually recovered by such Buyer Indemnified Person (whether by way of payment, discount, credit, off-set, counterclaim or otherwise) from a third party, less any deductible or co-payment related to such recovery, and any increase in insurance premiums attributable to or other reasonable out of pocket costs related to such recovery. If a Buyer Indemnified Person receives and is entitled to retain an amount from a third party with respect to a claim subject to indemnification hereunder at any time subsequent to any indemnification payment made by a Premier Party in respect of such claim pursuant to this Article VIII, then such Buyer Indemnified Person shall reimburse such Premier Party, as applicable, for any payment made thereby in connection with providing such indemnification up to the amount received (less any deductible or co-payment related to such recovery, and any increase in insurance premiums attributable to or other reasonable out of pocket costs related to such recovery) by the Buyer Indemnified Person; provided, however, that in no event shall any Buyer Indemnified Person have any obligation hereunder to remit to a Premier Party any portion of such insurance or other recoveries in excess of the indemnification payment or payments actually received from such Premier Party with respect to the applicable claim.
