Common use of Calculation of Damages Clause in Contracts

Calculation of Damages. (1) The amount of any Damages payable under Section 4.A and 4.B by the Indemnifying Party shall be net of any amounts recovered by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies.

Calculation of Damages. (1) The amount of any Damages payable under Section 4.A 7.A and 4.B 7.B by the Indemnifying Party shall be net of any amounts recovered by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies.

Calculation of Damages. (1a) The amount of any Damages payable under Section 4.A and 4.B 8.02 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies.

Calculation of Damages. (1a) The amount of any Damages payable under Article 8 or 9 or Section 4.A and 4.B 11.02 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies and any Tax Benefit realized by the Indemnified Party arising from the incurrence or payment of any such Damages. In computing the amount of any such Tax Benefit, the Indemnified Party shall use commercially reasonable efforts be deemed fully to collect utilize, at the highest marginal tax rate then in effect, all Tax items arising from the incurrence or payment of any amounts available under such insurance policiesindemnified Damages.

Calculation of Damages. (1) The In calculating amounts payable to an Indemnified Party, the amount of any indemnified Damages payable under Section 4.A and 4.B by the Indemnifying Party shall be computed net of any amounts (a) payments actually recovered by the any Indemnified Party under applicable any insurance policies policy with respect to such Damages and the (b) any actual recovery by any Indemnified Party from any Person with respect to such Damages. Each Indemnified Party shall use commercially reasonable efforts to collect any amounts available pursue reimbursement for Damages, including under such insurance policiespolicies and indemnity arrangements.

Calculation of Damages. (1i) The amount of any Damages Losses payable under Section 4.A and 4.B 13.02 or 13.03 by the Indemnifying Party shall be net of any (A) amounts recovered or recoverable by the Indemnified Party under applicable insurance policies and (B) Tax benefit actually realized by the Indemnified Party arising from the incurrence or payment of any such Damages, and shall use commercially reasonable efforts be increased by any Tax cost incurred by the Indemnified Party arising from the receipt of indemnity payments, including payments received pursuant to collect any amounts available under such insurance policiesthis Section 13.05(b)(i).

Calculation of Damages. (1) The amount of any Damages payable under Section 4.A and 4.B 10.02 by the Indemnifying Party shall be net of any amounts recovered by the Indemnified Party under applicable insurance policies (net of any costs or expenses incurred in the collection thereof, including deductibles and the Indemnified Party shall use commercially reasonable efforts to collect net of any amounts available under such insurance policiesapplicable premium adjustments).

Calculation of Damages. (1a) The amount of any Damages payable under Section 4.A and 4.B 10.02 by the Indemnifying Party shall be net of any amounts actually recovered by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies.

Calculation of Damages. (1a) The amount of any Damages payable under Section 4.A and 4.B 11.02 by the Indemnifying Party shall be net of any ----- amounts recovered or recoverable by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies.

Calculation of Damages. (1) The amount of any Damages payable under Section 4.A and 4.B 7.02 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies.

Calculation of Damages. (1) The amount of any Damages payable under Section 4.A and 4.B 13.02 by the Indemnifying Party shall be net of any amounts recovered by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies.

Calculation of Damages. (1a) The amount of any Damages payable under Section 4.A and 4.B 7.2 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies.

Calculation of Damages. (1) The amount of any Damages payable under Section 4.A and 4.B 11.02 by the Indemnifying Party shall be net of any amounts recovered by the Indemnified Party under applicable insurance policies (net of any costs or expenses incurred in the collection thereof, including deductibles and the Indemnified Party shall use commercially reasonable efforts to collect net of any amounts available under such insurance policiesapplicable premium adjustments).

Calculation of Damages. (1a) The amount of any Damages payable under Section 4.A and 4.B by the Indemnifying Party shall be net of any amounts recovered by the Indemnified Party under applicable insurance policies and the Each Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policiescoverage for any Damages payable under Section 7.02. The amount of any Damages payable under Section 7.02 by the Indemnifying Party shall be net of any amounts actually recovered by the Indemnified Party under applicable insurance policies or from any other Person alleged to be responsible therefor.