Common use of Determination of Loss Amount Clause in Contracts

Determination of Loss Amount. The amount of any Loss subject to indemnification under Section 8.02 or Section 8.03 shall be calculated net of any insurance proceeds received or receivable by the Indemnitee on account of such Loss. The Indemnitee shall seek full recovery under all insurance policies covering any Loss to the same extent as it would if such Loss were not subject to indemnification hereunder. In the event that an insurance or other recovery is received by any Indemnitee with respect to any Loss for which any such Person has been indemnified hereunder, then a refund equal to the aggregate amount of the recovery shall be made promptly to the Person or Persons that provided such indemnity payments to such Indemnitee.

Appears in 2 contracts

Samples: Equity Purchase Agreement, Equity Purchase Agreement (Inergy L P)

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Determination of Loss Amount. The amount of any Loss subject to indemnification under Section 8.02 9.02 or Section 8.03 9.03 shall be calculated net of any insurance proceeds received or receivable by the Indemnitee on account of such Loss. The Indemnitee shall seek full recovery under all insurance policies covering any Loss to the same extent as it they would if such Loss were not subject to indemnification hereunder. In the event that an insurance or other recovery is received made by any Indemnitee with respect to any Loss for which any such Person has been indemnified hereunder, then a refund equal to the aggregate amount of the recovery shall be made promptly to the Person or Persons that provided such indemnity payments to such Indemnitee.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kforce Inc)

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Determination of Loss Amount. The amount of any Loss subject to indemnification under Section 8.02 or Section 8.03 shall be calculated net of any insurance proceeds received or receivable by the Indemnitee on account of such Loss. The Indemnitee shall seek full recovery under all insurance policies covering any Loss to the same extent as it they would if such Loss were not subject to indemnification hereunderunder this Agreement. In the event that an insurance or other recovery is received made by any Indemnitee with respect to any Loss for which any such Person has been indemnified hereunderunder this Agreement, then a refund equal to the aggregate amount of the recovery shall be made promptly to the Person or Persons that provided such indemnity payments to such Indemnitee.

Appears in 1 contract

Samples: Stock Purchase Agreement (Kforce Inc)

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