Common use of Calculation of Loss Clause in Contracts

Calculation of Loss. In calculating amounts payable to an Indemnified Party, the amount of any indemnified Loss shall be computed net of (a) payments actually recovered by any Indemnified Party under any insurance policy with respect to such Loss net of expenses and (b) any actual recovery by any Indemnified Party from any Person with respect to such Loss net of expenses. Each Indemnified Party shall use commercially reasonable efforts to pursue reimbursement for Loss, including under insurance policies and indemnity arrangements.

Appears in 7 contracts

Samples: Contribution Agreement (WESTMORELAND COAL Co), Purchase Agreement (WESTMORELAND COAL Co), Contribution Agreement (Westmoreland Resource Partners, LP)

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