Insurance Proceeds; Claims Against Third Parties. In computing the amount of Indemnifiable Damages, there shall be deducted therefrom an amount equal to the sum of (i) insurance proceeds to which the Indemnitee becomes entitled as a consequence of any matter or item giving rise to Indemnifiable Damages and (ii) all amounts received or receivable from third parties in connection with any matter or item giving rise to Indemnifiable Damages. The Indemnitee shall in good faith pursue and attempt to collect all insurance proceeds and all Claims against third parties which would reduce Indemnifiable Damages. Buyer shall have no obligation to pursue claims under its insurance policies for the Retained Environmental Liabilities or any Indemnifiable Damages.
Insurance Proceeds; Claims Against Third Parties. In computing the amount of Indemnifiable Damages, there shall be deducted therefrom an amount equal to the sum of (A) insurance proceeds to which Purchaser becomes entitled as a consequence of any loss, claim, damage, liability, cost, expense or deficiency giving rise to Indemnifiable Damages, or (B) all realized claims against third parties which reduce the amount of Indemnifiable Damages. Purchaser shall in good faith attempt to collect all insurance proceeds and all claims against third parties which would reduce Indemnifiable Damages.
Insurance Proceeds; Claims Against Third Parties. In computing the amount of indemnifiable damages payable to SpectraSite, there shall be deducted therefrom an amount equal to the sum of (i) insurance proceeds to which SpectraSite becomes entitled as a consequence of any loss, claim, damage, liability, cost, expense or deficiency giving rise to such indemnifiable damages, or (ii) all claims against third parties which would reduce the amount of such indemnifiable damages, regardless of whether or not SpectraSite actually attempts to collect such amounts. SpectraSite shall in good faith pursue and attempt to collect all insurance proceeds and all claims against third parties which would reduce indemnifiable damages.
Insurance Proceeds; Claims Against Third Parties. With respect to Losses for which a Parent Indemnitee is entitled to indemnification under Section 10.2 and which Losses may be covered by insurance, the Parent Indemnitee shall be able to make a claim for indemnification (a) to the extent that the Parent Indemnitee has not received proceeds from Company's insurance in place before the Effective Time applicable to such claim, (b) in an amount equal to the Company's applicable deductible for such coverage or equivalent coverage in effect in the ordinary course of the Company's business prior to the Effective Time, (c) to the extent that the Losses otherwise exceed the applicable insurance coverage, and (d) to the extent that the Losses are otherwise excluded in whole or in part from any such applicable insurance coverage. If an Indemnifying Party paid an Indemnified Party for an indemnification claim under this Agreement and the Indemnified Party subsequently receives insurance proceeds in respect of such indemnification claim, the Indemnified Party shall remit promptly to the Indemnifying Party who paid such indemnification claim the lesser of the amount so paid by the Indemnifying Party or such insurance proceeds. Parent and Surviving Corporation shall use commercially reasonable efforts to obtain payments from available insurance (as set forth in (a) above) if such insurance will or would reasonably be expected to reduce Losses payable by the Indemnifying Party.
