Collateral Sources. (a) Payments that constitute collateral source compensation. The amount of compensation shall be reduced by all collateral source compensation the claimant has received or is entitled to receive as a result of the terrorist-re- lated aircraft crashes of September 11, 2001, or debris removal in the imme- diate aftermath, including life insur- ance, pension funds, death benefits pro- grams, payments by Federal, State, or local governments related to the terrorist- related aircraft crashes of September 11, 2001, or debris removal and payments made pursuant to the settlement of a civil action as de- scribed in section 405(c)(3)(C)(iii) of the Act. In determining the appropriate collateral source offset for future ben- efit payments, the Special Master may employ an appropriate methodology for determining the present value of such future benefits. In determining the ap- propriate value of offsets for pension funds, life insurance and similar collat- eral sources, the Special Master may, as appropriate, reduce the amount of offsets to take account of self- con- tributions made or premiums paid by the victim during his or her lifetime. In determining the appropriate collat- eral source offset for future benefit payments that are contingent upon one or more future event(s), the Special Master may reduce such offsets to ac- count for the possibility that the fu- ture contingencies may or may not occur. In cases where the recipients of collateral source compensation are not beneficiaries of the awards from the Fund, the Special Master shall have discretion to exclude such compensa- tion from the collateral source offset where necessary to prevent bene- ficiaries from having their awards re- duced by collateral source compensa- tion that they will not receive.
Collateral Sources. Indemnification for any claims under this Section 8 shall not be available to any Indemnified Party unless such Indemnified Party uses commercially reasonable efforts to seek recovery from any Collateral Source for such claim before making any claim for indemnification by the Indemnifying Party. Any Indemnifying Party may, in its sole discretion, require any Indemnified Party to grant an assignment of the right of such Indemnified Party to assert a claim against any Collateral Source if the Indemnifying Party has first fully satisfied the claim by the Indemnified Party. In the event of such assignment, the Indemnifying Party will pursue such claim at its own expense.
Collateral Sources. The amount of any indemnity obligation of any Indemnifying Party to the Indemnified Parties provided in this Agreement shall be computed net of any insurance proceeds actually received by an Indemnified Party (net of any deductible amounts, increases in premiums and costs and expenses incurred with respect to such insurance claims) in connection with or as a result of any Claim giving rise to an indemnification Claim hereunder. If the indemnity amount is paid to the Indemnified Parties by any Indemnifying Party prior to the Indemnified Party's actual receipt of insurance proceeds related thereto, the Indemnified Party shall, if permissible by the terms of the applicable policy, assign its right to such insurance and allow the Indemnifying Party to pursue collection of such insurance proceeds or, if such payment has been made by any of the Indemnifying Parties, and an Indemnified Party subsequently receives such insurance proceeds, then the Indemnified Party shall promptly pay to or at the direction of the Indemnifying Party the amount of such insurance proceeds subsequently received (net of all related costs, expenses and other Losses), but not more, in the aggregate, than the indemnity amount paid by the Indemnifying Party. Notwithstanding the foregoing, no Indemnified Party shall be required to (i) pursue such insurance prior to seeking indemnification under this Section 11 or (ii) commence litigation to recover proceeds under such insurance policies if it is unreasonable do so.
Collateral Sources. Indemnification under this Article VII shall not be available to any Indemnified Party unless such Indemnified Party first seeks recovery from any Collateral Source for such claim before making any claim for indemnification by the Indemnifying Party. Any Indemnifying Party may, in its sole discretion, require any Indemnified Party to grant an assignment of the right of such Indemnified Party to assert a claim against any Collateral Source. In the event of such assignment, the Indemnifying Party will pursue such claim at its own expense.
Collateral Sources. The amount of any Indemnifiable Damages that are subject to indemnification under this Article IX shall be calculated net of the amount of any actual recoveries received by an Indemnified Party under any insurance policy; provided that actual recoveries shall be calculated net of any actual collection costs and reserves, expenses, Taxes, or deductibles incurred or paid to obtain such recoveries. Nothing in this Agreement shall restrict or limit the general obligation under Delaware common law of the Indemnified Party to mitigate any Indemnifiable Damages for any breach by the Indemnifying Parties under this Agreement; provided, however, such mitigation shall not require an Indemnified Party to bring any claim against any insurance provider, supplier, vendor or other third party with whom the Indemnified Party has a commercial relationship.
Collateral Sources. In calculating the amount of Losses for which an Indemnified Party is entitled to indemnification under Section 9.2(a) or Section 9.3(a), as applicable, the amount of Losses shall be reduced by (a) any insurance proceeds actually received by the Indemnified Party from an insurance carrier with respect to those Losses, provided that if the Indemnified Party fails to either diligently pursue any such insurance proceeds reasonably available to it or assign a valid right to the Indemnifying Party to pursue such insurance proceeds, the Indemnifying Party’s obligation shall be reduced by the amount of insurance proceeds that would have been reasonably available to and obtainable by the Indemnified Party, (b) any amounts actually received by the Indemnified Party from Third Parties with respect to Losses pursuant to indemnification, warranty or other similar rights, provided that if the Indemnified Party fails to diligently pursue such rights, the Indemnifying Party’s obligation shall be reduced by the amounts available to the Indemnified Party, and (c) Tax benefits. If any Losses for which indemnification is provided under Section 9.2(a) or Section 9.3(a), as applicable, subsequently are reduced by any insurance payment or recovery from a Third Party or loss of Tax benefits, the Indemnified Party promptly shall remit the amount of such reduction to the Indemnifying Party.
Collateral Sources. The Buyer Indemnitees right to indemnification pursuant to this ARTICLE IX for Losses will be reduced by the amounts actually recovered by the Buyer Indemnitees under any applicable insurance policies, contractual rights or other collateral sources (net of collection costs and related expenses, including increased insurance premiums on a prospective basis) as a result of the facts that entitled the Buyer Indemnitees to indemnification pursuant to this ARTICLE IX. The Buyer Indemnitees shall use commercially reasonable efforts to make all claims and to collect any amounts recoverable under applicable insurance policies, indemnification agreements, contracts and similar rights; provided, however, excluding as it relates to the R & W Insurance Policy, notwithstanding anything herein to the contrary, such efforts shall not (i) require the Buyer Indemnitee to (A) incur any out-of-pocket fees or expenses or (B) litigate or arbitrate any claim, in each case, against any customer, supplier or other material business relationship if such action could have a material negative impact on the business of the Heartland Companies. Section 9.12
Collateral Sources. An Indemnified Party shall use commercially ------------------ reasonable efforts to seek recovery from any Collateral Source in connection with any Losses for which indemnification is provided under this Section 11.2, it being agreed that nothing in this Agreement shall require such Indemnified Party to proceed against such Collateral Source prior to making a demand for indemnification from the Indemnifying Party. If requested by the Indemnifying Party, and so long as any such assignment is permitted pursuant to the terms of any agreement between the Indemnified Party and its Collateral Source, the Indemnified Party shall assign to the Indemnifying Party the right of such Indemnified Party to assert a claim against such Collateral Source. In the event of such an assignment, the Indemnifying Party may pursue such claim at its own expense.
Collateral Sources. 88 Section 9.13 Mitigation .....................................................................................................88 ARTICLE X TERMINATION ......................................................................................................88 Section 10.01 Termination .................................................................................................88 Section 10.02
Collateral Sources. The amount of any Losses for which indemnification is provided under Section 7.2 or Section 7.3 shall be reduced by (i) any amounts that are actually recovered by the Indemnified Party from any third party with respect to such Losses and (ii) any insurance proceeds or other cash receipts or source of reimbursement that are actually received by an Indemnified Party with respect to such Losses (net of reasonable costs of recovery or collection and any retention or deductible related to an insurance claim in respect of Losses thereof). For the avoidance of doubt, the Indemnified Party shall be obligated to make all reasonable efforts to claim, seek or otherwise obtain any such third- party recoveries or insurance proceeds or other reimbursement to which it may be entitled.
