Common use of Insurance Offset Clause in Contracts

Insurance Offset. If any Losses sustained by an Indemnified Party are covered by an insurance policy or an indemnification or contribution obligation of another Person (other than an Affiliate of such Indemnified Party), the Indemnified Party shall use commercially reasonable efforts to collect such insurance proceeds or indemnification or contribution payment. If the Indemnified Party receives such insurance proceeds or indemnity or contribution payments prior to being indemnified under this Article IX, the payment by an Indemnitor under this Article IX with respect to such Losses shall be reduced by the net amount of such insurance proceeds or indemnity or contribution payments paid to the Indemnified Party to the extent related to such Losses, less reasonable attorney’s fees and other expenses incurred in connection with such recovery. If the Indemnified Party receives such insurance proceeds or indemnity or contribution payments within 12 months after being indemnified by an Indemnitor with respect to such Losses, the Indemnified Party shall pay to the Indemnitor the net amount of such insurance proceeds or indemnity or contribution payments to the extent related to such Losses, less reasonable attorney’s fees and other expenses incurred in connection with such recovery.

Insurance Offset. If No Indemnified Party shall be obligated to make a claim against any Losses sustained insurance policy as a pre-requisite to making a claim for indemnification hereunder. Each Indemnified Party may treat the indemnification obligations of another Person hereunder as the primary source of remedy for claims covered by the provisions hereunder. Notwithstanding the foregoing, in the event that an Indemnified Party are covered by an insurance policy or an indemnification or contribution obligation of another Person (other than an Affiliate of such Indemnified Party), the Indemnified Party shall use commercially reasonable efforts to collect such does receive insurance proceeds or indemnification indemnity, contribution or contribution payment. If the Indemnified Party receives such insurance proceeds or indemnity or contribution similar payments prior to being indemnified indemnified, held harmless and reimbursed under this Article IXSection 7.2(a) or Section 7.2(b), as applicable, with respect to such Losses, the payment by an Indemnitor Indemnified Party under this Article IX VII with respect to such Losses shall be reduced by the net amount of such insurance proceeds proceeds, or indemnity indemnity, contribution or contribution similar payments paid to the Indemnified Party to the extent related to such Losses, less reasonable attorney’s fees and other expenses costs and expenses, including any self-insured retention or deductible, incurred in connection with such recovery. If the Indemnified Party receives such insurance proceeds or indemnity indemnity, contribution or contribution similar payments within 12 months after being indemnified and held harmless by an Indemnitor Indemnifying Party with respect to such Losses, the Indemnified Party shall pay to the Indemnitor Indemnifying Party the net amount of such insurance proceeds or indemnity indemnity, contribution or contribution payments similar payment to the extent related to such Losses, less reasonable attorney’s fees and other expenses incurred in connection with such recovery.

Insurance Offset. If any Losses sustained by an Indemnified Party are covered by an insurance policy or an indemnification indemnification, contribution or contribution similar obligation of another Person (other than an Affiliate of such Indemnified Party), the Indemnified Party shall use commercially reasonable efforts to collect such insurance proceeds or indemnification indemnity, contribution or contribution paymentsimilar payments. If the Indemnified Party actually receives such insurance proceeds or indemnity indemnity, contribution or contribution similar payments prior to being indemnified indemnified, held harmless and reimbursed under this Article IXSection 10.1 or Section 10.2, as applicable, with respect to such Losses, the payment by an Indemnitor Indemnifying Party under this Article IX X with respect to such Losses shall be reduced by the net amount of such insurance proceeds or indemnity indemnity, contribution or contribution similar payments paid to the Indemnified Party actually received to the extent related to such Losses, less reasonable attorney’s fees and other expenses incurred in connection with such recovery. If the Indemnified Party actually receives such insurance proceeds or indemnity indemnity, contribution or contribution similar payments within 12 months after being indemnified and held harmless by an Indemnitor Indemnifying Party with respect to such Losses, the Indemnified Party shall pay to the Indemnitor Indemnifying Party the net amount of such insurance proceeds or indemnity indemnity, contribution or contribution payments similar payment actually received to the extent related to such Losses, less reasonable attorney’s fees and other expenses incurred in connection with such recovery.

Insurance Offset. If any Losses sustained by an Indemnified Party are covered by an insurance policy or an indemnification indemnification, contribution or contribution similar obligation of another Person (other than an Affiliate of such Indemnified Party), the Indemnified Party shall use commercially reasonable efforts to collect such insurance proceeds or indemnification indemnity, contribution or contribution paymentsimilar payments. If the Indemnified Party receives such insurance proceeds or indemnity indemnity, contribution or contribution similar payments prior to being indemnified indemnified, held harmless and reimbursed under this Article IXSection 12.2 or Section 12.3, as applicable, with respect to such Losses, the payment by an Indemnitor Indemnifying Party under this Article IX 12 with respect to such Losses shall be reduced by the net amount of such insurance proceeds or indemnity indemnity, contribution or contribution similar payments paid to the Indemnified Party to the extent related to such Losses, less reasonable attorney’s fees and other expenses incurred in connection with such recovery. If the Indemnified Party receives such insurance proceeds or indemnity indemnity, contribution or contribution similar payments within 12 months after being indemnified and held harmless by an Indemnitor Indemnifying Party with respect to such Losses, the Indemnified Party shall pay to the Indemnitor Indemnifying Party the net amount of such insurance proceeds or indemnity indemnity, contribution or contribution payments similar payment to the extent related to such Losses, less reasonable attorney’s fees and other expenses incurred in connection with such recovery.

Insurance Offset. If any Losses sustained by an Indemnified Party are covered by an insurance policy or an indemnification indemnification, contribution or contribution similar obligation of another Person (other than an Affiliate of such Indemnified Party), the Indemnified Party shall use commercially reasonable efforts to collect such insurance proceeds or indemnification indemnity, contribution or contribution paymentsimilar payments. If the Indemnified Party receives such insurance proceeds or indemnity indemnity, contribution or contribution similar payments prior to being indemnified indemnified, held harmless and reimbursed under this Article IXSection 9.2 or Section 9.3, as applicable, with respect to such Losses, the payment by an Indemnitor Indemnifying Party under this Article IX Section 9 with respect to such Losses shall be reduced by the net amount of such insurance proceeds or indemnity indemnity, contribution or contribution similar payments paid to the Indemnified Party to the extent related to such Losses, less reasonable attorney’s fees and other expenses incurred in connection with such recovery. If the Indemnified Party receives such insurance proceeds or indemnity indemnity, contribution or contribution similar payments within 12 months after being indemnified and held harmless by an Indemnitor Indemnifying Party with respect to such Losses, the Indemnified Party shall pay to the Indemnitor Indemnifying Party the net amount of such insurance proceeds or indemnity indemnity, contribution or contribution payments similar payment to the extent related to such Losses, less reasonable attorney’s fees and other expenses incurred in connection with such recovery.

Insurance Offset. If any Losses sustained by an Indemnified Party are covered by an insurance policy or an indemnification or contribution obligation of another Person (other than an Affiliate of such Indemnified Party), the Indemnified Party shall use commercially reasonable efforts to collect such insurance proceeds or indemnification or contribution payment. If the Indemnified Party receives such insurance proceeds or indemnity or contribution payments prior to being indemnified under this Article IXXII, the payment by an Indemnitor Indemnifying Party under this Article IX XII with respect to such Losses shall be reduced by the net amount of such insurance proceeds or indemnity or contribution payments paid to the Indemnified Party to the extent related to such Losses, less reasonable attorney’s fees and other expenses incurred in connection with such recovery. If the Indemnified Party receives such insurance proceeds or indemnity or contribution payments within 12 months after being indemnified by an Indemnitor Indemnifying Party with respect to such Losses, the Indemnified Party shall pay to the Indemnitor Indemnifying Party the net amount of such insurance proceeds or indemnity or contribution payments to the extent related to such Losses, less reasonable attorney’s fees and other expenses incurred in connection with such recovery.