PRIOR RECEIPT. If the Vendor pays an amount in discharge of any claim under this Agreement and the Purchaser subsequently recovers (whether by payment, discount, credit, relief or otherwise) from a third party a sum which is referable to the subject matter of the claim and which would not otherwise have been received by the Purchaser, the Purchaser shall pay to the Vendor an amount equal to (i) the sum recovered from the third party less any reasonable costs and expenses (including applicable taxes) incurred in obtaining such recovery or (ii) if less, the amount previously paid by the Vendor to the Purchaser.
PRIOR RECEIPT. If, before any Seller or the Warrantors (as the case may be) pay(s) an amount in discharge of any claim under this Agreement, the Purchaser or any member of the Purchaser's Group recovers or is entitled to recover (whether by payment, discount, credit, relief or otherwise) from a third party a sum which is directly referable to the subject matter of the claim, the Purchaser shall procure that, before steps are taken against that Seller or the Warrantors under this Agreement, reasonable steps are taken to enforce such recovery (and none of the Sellers or the Warrantors shall have any liability to pay any amount by way of damages in respect of any claim unless and until the Purchaser shall have taken such reasonable steps to enforce such recovery) and any actual recovery (less any reasonable costs and expenses incurred in such recovery) shall pro tanto reduce or satisfy, as the case may be, such claim.
PRIOR RECEIPT. If, before the Vendors pays an amount in discharge of any claim under this Agreement, the Purchaser or any Group Company recovers or is entitled to recover (whether by payment, discount, credit, relief or otherwise) from a third party a sum which is referable to the subject matter of the claim, the Purchaser shall procure that before steps are taken against the Vendors under this Agreement all reasonable steps are taken to enforce such recovery and any actual recovery (less any reasonable costs incurred in such recovery and less any taxation attributable to the recovery after taking account of any tax relief available in respect of any matter giving rise to the claim) shall pro tanto reduce or satisfy, as the case may be, such claim.
PRIOR RECEIPT. If, before Six Continents pays an amount in discharge of any claim under this Schedule, M and B or any member of the M and B Group recovers or is entitled to recover (whether by payment, discount, credit, relief or otherwise) from a third party a sum which is referable to the subject matter of the claim, M and B shall procure that, to the extent of that sum, before steps are taken against Six Continents under this Schedule all reasonable steps are taken to enforce such recovery, and any actual recovery (less any reasonable costs incurred in such recovery and less any Taxation suffered on the recovery after taking account of any tax relief available in respect of any matter giving rise to the claim) (the “ Net Recovered Amount”) shall reduce or satisfy, as the case may be, such claim to the extent of the Net Recovered Amount.
PRIOR RECEIPT. If the PLD Party pays an amount in discharge of any claim under this Agreement and the Management Company on behalf of the Fund or any Property Owner subsequently recovers (whether by payment, discount, credit, relief or otherwise) from a third party a sum which is referable to the subject matter of the claim and which would not otherwise have been received by the Management Company on behalf of the Fund, the Management Company on behalf of the Fund shall pay, or shall procure that the relevant Property Owner pays, to the PLD Party an amount equal to (i) the sum recovered from the third party less any reasonable costs and expenses incurred in obtaining such recovery or (ii) if less, the amount previously paid by the PLD Party to the Management Company on behalf of the Fund.
PRIOR RECEIPT. If any member of the Vendors' Group pays an amount in discharge of any claim for indemnity under this Agreement or the Tax Deed of Covenant and a member of the Purchasers' Indemnified Group subsequently recovers (whether by payment, discount, credit, relief or otherwise) from a third party a sum which is referable to the subject matter of such claim and which would not otherwise have been received by such member of the Purchasers' Indemnified Group, the Purchasers shall pay, or shall procure that the Relevant Purchaser pays, to the US Vendor or the Canadian Vendor, as applicable, an amount equal to the lesser of (i) the sum recovered from the third party less any reasonable costs and expenses incurred in obtaining such recovery or (ii) the amount previously paid by the member of the Vendors' Group to discharge such claim for indemnity.
PRIOR RECEIPT. If the Purchaser or any of the Companies has recovered from a third party a sum which is the subject matter of the Claim and which would not otherwise have been received by the Purchaser, such Claim against the Vendors shall be pro tanto reduced or satisfied (as the case may be) by the amount actually recovered and received from the third party concerned (less any reasonable costs incurred in such recovery and less any Taxation attributable to the recovery).
PRIOR RECEIPT. If AMEC pays an amount in discharge of any claim under this Agreement and the Purchaser or any Group Company subsequently recovers (whether by payment, discount, credit, relief or otherwise) from a third party a sum which is referable to the subject matter of the claim and which would not otherwise have been received by the Purchaser, the Purchaser shall pay, or shall procure that the relevant Group Company pays, to AMEC an amount equal to (i) the sum recovered from the third party (net of any Tax on that sum) less any reasonable costs and expenses incurred in obtaining such recovery or (ii) if less, the amount previously paid by AMEC to the Purchaser.
PRIOR RECEIPT. If, before the Obligor pays an amount in discharge of any claim under Clause 4.1, the Indemnified Party or any member of the Indemnified Party’s Group recovers or is entitled to recover (whether by payment, discount, credit, relief or otherwise) from a third party a sum which is referable to the subject matter of the claim, the Indemnified Party shall procure to the extent of that entitlement that before steps are taken against the Obligor under this Agreement all reasonable steps are taken to enforce such recovery and any actual recovery (less any reasonable costs incurred in such recovery and less any Taxation suffered in the recovery after taking account of any tax relief available in respect of any matter giving rise to the claim) shall pro tanto reduce or satisfy, as the case may be, such claim. Schedule 3 Conduct of Claims in Respect of Shared Liabilities In relation to any claim by or liability to a third party which is a Shared Liability, the following provisions shall apply:- 1 The party which has conduct of the claim in accordance with Clause 6.4 (the “Conducting Party”) shall only instruct legal advisers who are reasonably satisfactory to the other party (the “Other Party”).
PRIOR RECEIPT. If, before M and B pays an amount in discharge of any claim under this Schedule, IHG or any member of the IHG Group recovers or is entitled to recover (whether by payment, discount, credit, relief or otherwise) from a third party a sum which is referable to the subject matter of the claim, IHG shall procure that, to the extent of such amount, before steps are taken against M and B under this Schedule all reasonable steps are taken to enforce such recovery, and any actual recovery (less any reasonable costs incurred in such recovery and less any Taxation suffered on the recovery after taking account of any tax relief available in respect of any matter giving rise to the claim) (the “Net Recovered Amount”) shall reduce or satisfy, as the case may be, such claim to the extent of the Net Recovered Amount.
