Third Party Recoveries. There shall be netted from any payment for a Loss required under Section 7.2: (i) the amount of any indemnification received by the indemnified party from an unrelated party with respect to such Loss and (ii) the amount of any insurance proceeds or other cash receipts paid to the indemnified party against any such Loss provided, however, that any such recoveries from unrelated parties and/or insurers shall not reduce the maximum aggregate liability of the applicable Xxxxxx Parties under Section 7.3(c) above.
Third Party Recoveries. 5.1 The Seller shall not be liable for any Claim, Tax-Related Claim or Independent Indemnity Claim:
Third Party Recoveries. If United, as a third party administrator for the VA, has compensated Provider for Covered Services, United retains the right to recover from applicable third parties responsible for payment for services rendered to an Enrolled Eligible Veteran and to retain all such recoveries. Provider will provide United with such information as United may require in order to pursue recoveries from such third party sources, and to promptly remit to United any monies Provider may receive from or with respect to such sources of recovery.
Third Party Recoveries. If the Purchaser or the Company is entitled to recover (whether by payment, discount, credit, set-off or otherwise) from any Person other than the Shareholders any sum in respect of any matters giving rise to a liability of the Shareholders under any of the representations and warranties contained in this Agreement the Purchaser shall, and shall procure that the Company shall, give all reasonable assistance (including access to documents) if required by the Shareholders, and at the expense of the Shareholders, shall take, or procure the taking of, all, in Purchaser's judgment, appropriate steps to enforce such recovery (keeping the Shareholders reasonably informed of the progress of any action taken) and, in the case of the Purchaser, shall forthwith account to the Company for any amount so recovered less all reasonable expenses of recovery thereof or, if less, any amount paid or payable by the Shareholders in respect of the claim.
Third Party Recoveries. If Seller makes a payment with respect to any claim under the representations or warranties set forth herein and Purchaser subsequently receives from a Third Party or under the terms of any insurance policy a sum in respect of the same claim, Purchaser shall repay to Seller such amount as is equal to the sum subsequently received. If Purchaser receives any Third Party recoveries prior to Seller making payment in respect of a claim, then such recoveries shall be deducted from any Losses subject to indemnification under this Agreement. Except as set forth in Section 9.2, nothing contained herein shall obligate Purchaser to make a claim against an insurer or any other Third Party for recovery.
Third Party Recoveries. The amount of Damages incurred by the Licensee or SAIC Indemnified Parties will be reduced by the actual amount of recoveries from any third party (after deducting attorneys’ fees, expenses and other costs of recoveries), including from insurance companies and pursuant to indemnification agreements.
Third Party Recoveries. The amount of any Losses subject to indemnification under this Article VII shall be calculated net of any third party insurance and/or bond proceeds and other third party recoveries (including through indemnification, counterclaim, reimbursement arrangement, contract or otherwise) (“Third Party Recovery Sources”) actually received by the Indemnified Party on account of such Losses, net of costs and expenses associated with pursuing such insurance recoveries or other third party recoveries. The Indemnified Party shall use commercially reasonable efforts to seek payment and recovery from such Third Party Recovery Sources in connection with any Losses for which it will seek indemnification from the Indemnifying Party.
Third Party Recoveries. Notwithstanding anything to the contrary in this Agreement, the amount of any losses arising from Claims for which any party shall be entitled to indemnification pursuant to this Article 10 shall be reduced, on a dollar for dollar basis, by the amount of any insurance proceeds recovered in respect thereof or any other amount recovered under any indemnity, contribution or other similar arrangement with a third Person in respect thereof. Prior to recovering any indemnification pursuant to this Section 10, Seller or EuroGen or Buyer, as the case may be, shall use commercially reasonable efforts to collect any and all available amounts under any available insurance policies or agreements of indemnity, contribution or other similar arrangements with third Persons.
Third Party Recoveries. 5.1 The liability of the Seller in respect of any Non-Tax Claim shall be reduced or eliminated to the extent that any recoveries have actually been made by the Buyer and/or the Company:
Third Party Recoveries. 5.1. The Sellers shall not be liable in respect of any claim arising under the Warranties:
