Losses definition
Examples of Losses in a sentence
The aggregate amount of all Losses for which Buyer shall be liable pursuant to Section 8.03(a) shall not exceed the Cap.
If the Indemnifying Party elects not to compromise or defend such Third Party Claim, fails to promptly notify the Indemnified Party in writing of its election to defend as provided in this Agreement, or fails to diligently prosecute the defense of such Third Party Claim, the Indemnified Party may, subject to Section 8.05(b), pay, compromise, defend such Third Party Claim and seek indemnification for any and all Losses based upon, arising from or relating to such Third Party Claim.
To the extent the Indemnity Escrow Shares in the Indemnity Escrow Fund have been exhausted or distributed or are being held subject to the resolution of other outstanding claims hereunder, the Buyer Indemnified Parties may recover with respect to such Losses directly from the Sellers subject to the limitations set forth in this Article VIII.
Each Indemnified Party shall use commercially reasonable efforts to mitigate any Losses for which it may seek indemnification under this Article VIII.
The Indemnified Parties shall use commercially reasonable efforts to pursue recovery for indemnifiable Losses under any available insurance coverage.