Right to Recover. The Indemnified Parties shall attempt in good faith to promptly seek to recover or make a claim for insurance proceeds as a result of any matter giving rise to an indemnification claim of the Indemnified Parties against the Indemnifying Party, to the extent available therefor. The failure to promptly seek to recover or make a claim for insurance proceeds shall not, however, relieve the Indemnifying Party of its indemnification obligations, unless, and then solely to the extent that, the rights of the Parties from whom indemnity is sought are materially prejudiced or materially harmed as a result of such failure. In addition, the Indemnifying Party shall, to the extent of any indemnification payment made by it and to the extent consistent with any related indemnification agreement, insurance policy, or applicable Law, be subrogated to all rights of the Indemnified Party against any third party in respect of the claim (or portion of such claim) to which the indemnification payment relates. If the Indemnified Party actually receives any insurance proceeds as a result of the matter giving rise to any indemnification claim of the Indemnified Party, the Indemnifying Party’s indemnification obligation with respect to such claim shall be reduced by the amount of any such insurance proceeds (net of any expenses incurred in collection thereof) actually received by the Indemnified Party. If the Indemnified Party actually receives any insurance proceeds with respect to any Loss after the Indemnifying Party has provided indemnification for such Loss to the Indemnified Party, then the Indemnified Party shall promptly turn over any such insurance proceeds (net of any expenses incurred in collection thereof) to the Indemnifying Party with respect to such Loss.
Right to Recover. If an Indemnifying Party has paid an amount in discharge of any claim under this Agreement and the Indemnified Party recovers (whether by payment, discount, credit, relief, insurance or otherwise) from a non-affiliated third party a sum which indemnifies or compensates the Indemnified Party (in whole or in part) in respect of the Liability which is the subject matter of the claim, Buyer or Seller, as applicable, shall procure that all steps are taken as may reasonably be required to pay to Seller or Buyer, as applicable, as soon as practicable after receipt an amount equal to (a) any sum recovered from the non-affiliated third party less any reasonable costs and expenses incurred in obtaining such recovery or (b) if less, the amount previously paid by the Indemnifying Party to the Indemnified Party. The Indemnifying Party shall be subrogated to any right of action (whether pursuant to contract, arising under Applicable Law or otherwise) which the Indemnified Party may have against any other Person with respect to any matter giving rise to a claim for indemnification hereunder.
Right to Recover. Rosneft shall not be liable unless and until the liability in respect of which a claim is made has become due and payable or has been agreed between Rosneft and Seadrill (with the consent of NADL). NADL and Seadrill shall not be entitled to recover from Rosneft under this Agreement more than once in respect of the same loss.
Right to Recover. We may at Our own expense, take proceedings in Your name to recover compensation from any third party in respect of any indemnity provided under this Policy and any amounts recovered shall belong to Us. You agree to provide all reasonable assistance to Us to recover such amounts. The GDPR and Data Protection Act 2018: For the purpose of providing this insurance and handling of claims or complaints, We may need to transfer certain information which You have provided to Us to other parties. Any information You have provided will be dealt with by Us in compliance with the provisions of the GDPR and Data Protection Act 2018. General Exclusions We will not pay any claim directly or indirectly caused or contributed to by:
Right to Recover. Mortgagee shall have the right, from time to time, to bring an appropriate action to recover any sums required to be paid by Xxxxxxxxx under the terms of this Mortgage, as they become due, without regard to whether or not the Indebtedness shall be due, and without prejudice to the right of Mortgagee thereafter to bring an action of mortgage foreclosure, or any other action, for any default by Mortgagor existing at the time the earlier action was commenced.
Right to Recover. (a) If the Indemnifying Party is liable to pay an amount in discharge of any claim under this Agreement and the Indemnified Party recovers or is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates the Indemnified Party (in whole or in part) in respect of the Losses which is the subject matter of the claim, then the Indemnified Party shall take such actions (at the Indemnifying Party’s sole cost and expense) as may be reasonably requested by the Indemnifying Party to enforce recovery against the third party and any actual recovery (less any reasonable costs and expenses incurred in obtaining such recovery) shall reduce or satisfy, as the case may be, such claim to the extent of such recovery. Notwithstanding the foregoing, no party shall be required to act or forbear to act under this Section 9.10 if such act or forbearance, as applicable, could prejudice such Person’s ability to prosecute a claim against the Indemnifying Party or any right hereunder in the reasonable judgment of such party, as applicable.
Right to Recover. 9.11.1 Except in the case of Fraud Claims, the Purchaser Indemnified Parties’ right to recover for Damages (A) in the case of any claims made pursuant to Sections 9.2.1 and 9.2.2, subject to Section 9.6.1, shall first be satisfied from the Shareholders (on a several basis), in each case up to a maximum of such Shareholder’s Pro Rata Portion of the Recourse Amount, and (B) thereafter, in the case of any claims made pursuant to Sections 9.2.1 or 9.2.2, from the R&W Insurance Policy. Notwithstanding any other provision of this Agreement to the contrary, except in the case of Fraud Claims and in respect of claims for breaches of Fundamental Representations, after Closing, to the extent that Damages incurred under Sections 9.2.1 and 9.2.2 (collectively, the “Insured Losses”) are subject to an indemnification obligation of a Shareholder under this Article 9, the R&W Insurance Policy shall be the sole and exclusive remedy of the Purchaser Indemnified Parties for such Insured Losses after the payment of Damages to the Purchaser Indemnified Parties for indemnification claims from the Shareholders’ Pro Rata Portion of the Recourse Amount. Such sole recourse will apply, and the Shareholders will have no additional liability therefor, even in circumstances where the R&W Insurance Policy does not cover such Damages, including, without limitation, as a result of exclusions, limitations and deductions in respect of the R&W Insurance Policy. For greater certainty, the Purchaser Indemnified Parties shall be entitled to seek indemnification from the Shareholders with respect to (but subject to any applicable limitations and conditions set forth in this Article 9) any Damages in connection with (A) any Fraud Claim and (B) any claim for a breach of a Fundamental Representation in the case where the Damages from such breach exceed the sum of the Recourse Amount and the limit under the R&W Insurance Policy, in which case the Purchaser Indemnified Parties shall be entitled to seek indemnification from the Shareholders for such excess (subject to the limitation contained in Section 9.6.2).
Right to Recover. If legal action shall be brought by either of the parties hereto because of the breach of any term, covenant or provision hereof, the party prevailing in said action (Landlord or Tenant as the case may be) shall be entitled to recover from the party not prevailing, costs of suit and reasonable attorneys' fees incurred by the prevailing party in the action.
Right to Recover. If legal action shall be brought by either of the parties hereto for the unlawful detainer of the Premises, for the recovery of any Rent due under the provisions of this Lease, or because of the breach of any term, covenant or provision hereof, the party prevailing in said action shall be entitled to recover costs of suit and reasonable attorney's fees incurred by the prevailing party in the action.
Right to Recover. (a) If, before MPT pays an amount in discharge of any Warranty Claim and/or Tax Claim, any Group Company recovers (whether by payment, discount, credit, relief, insurance or otherwise) from a third party, including any third party responsible for the preparation of any VDD Report, a sum which indemnifies or compensates such Group Company (in whole or in part) in respect of the loss or liability which is the subject matter of a claim, this sum (less any costs and expenses (including any Tax incurred in obtaining such recovery) shall be deducted, on an After Tax Basis, from the amount to be paid by MPT in relation to such claim, and MPT and PRIMOTOP shall procure that all reasonable steps are taken to make such recovery from any relevant third party.