Certain Claims. For the avoidance of doubt, the ACE Closing Price Adjustments contain accruals for various liabilities. To the extent any claim for indemnification under this Article XII relates to a claim for which an accrual has been made pursuant to the ACE Closing Price Adjustments, the amount of such accrual shall be taken into account to reduce the Losses of the Indemnified Parties in respect thereof and the Indemnifying Party shall have all right to defend such claims in accordance with section 12.4(b) notwithstanding such accruals.
Appears in 3 contracts
Sources: Acquisition Agreement (Pinnacle Entertainment Inc), Acquisition Agreement (American Real Estate Partners L P), Acquisition Agreement (Atlantic Coast Entertainment Holdings Inc)