Common use of Calculation of Damages Clause in Contracts

Calculation of Damages. (a) The amount of any Damages payable under Section 8.02 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies.

Calculation of Damages. (a1) The amount of any Damages payable under Section 8.02 4.A and 4.B by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies.

Calculation of Damages. (a1) The amount of any Damages payable under Section 8.02 7.A and 7.B by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies and the Indemnified Party shall use commercially reasonable efforts to collect any amounts available under such insurance policies.

Calculation of Damages. (ai) The amount of any Damages Losses payable under Section 8.02 13.02 or 13.03 by the Indemnifying Party shall be net of any (A) amounts recovered or recoverable by the Indemnified Party under applicable insurance policiespolicies and (B) Tax benefit actually realized by the Indemnified Party arising from the incurrence or payment of any such Damages, and shall be increased by any Tax cost incurred by the Indemnified Party arising from the receipt of indemnity payments, including payments received pursuant to this Section 13.05(b)(i).

Calculation of Damages. (a) Each Indemnified Party shall use commercially reasonable efforts to collect any amounts available under insurance coverage for any Damages payable under Section 7.02. The amount of any Damages payable under Section 8.02 7.02 by the Indemnifying Party shall be net of any amounts actually recovered or recoverable by the Indemnified Party under applicable insurance policiespolicies or from any other Person alleged to be responsible therefor.

Calculation of Damages. (a) The amount of any Damages payable under Section 8.02 11.02 by the Indemnifying Party shall be net of any ----- amounts recovered or recoverable by the Indemnified Party under applicable insurance policies.

Calculation of Damages. (a) The amount of any Damages payable under Section 8.02 11.02 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policiespolicies (net of any costs or expenses incurred in the collection thereof, including deductibles and net of any applicable premium adjustments).

Calculation of Damages. (a) The amount of any Damages payable under Section 8.02 10.02 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policiespolicies (net of any costs or expenses incurred in the collection thereof, including deductibles and net of any applicable premium adjustments).

Calculation of Damages. (a) The amount of any Damages payable under Section 8.02 7.2 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies.

Calculation of Damages. (a) The amount of any Damages payable under Section 8.02 7.02 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies.

Calculation of Damages. (a) The amount of any Damages payable under Section 8.02 10.02 by the Indemnifying Party shall be net of any amounts actually recovered or recoverable by the Indemnified Party under applicable insurance policies.

Calculation of Damages. (a) The amount of any Damages payable under Section 8.02 13.02 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies.