Common use of Third Party Recoveries Clause in Contracts

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.

Appears in 2 contracts

Samples: Contribution and Conveyance Agreement (Boston Properties Inc), Contribution Agreement (Boston Properties Inc)

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Third Party Recoveries. There shall be netted from any payment for a Loss required under Section 7.27.4: (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) aboveLoss.

Appears in 2 contracts

Samples: Contribution and Conveyance Agreement (Boston Properties Inc), Contribution Agreement (Boston Properties Inc)

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Third Party Recoveries. There shall be netted from the amount of any payment for a Loss losses required under Section 7.29.1: (i) the amount of any indemnification received by actually paid to the indemnified party from an unrelated party with respect to of such Loss loss, and (ii) the amount of any insurance proceeds or other cash receipts actually 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) aboveloss.

Appears in 1 contract

Samples: Agreement and Plan of Merger (El Paso Energy Partners Lp)

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