This excerpt taken from the PRST 8-K filed Nov 25, 2009.
Collateral Source). If the amount to be netted hereunder in connection with a Collateral Source from any payment required under Section 9.4(a) or (b), Section 10.2 or Section 10.3 is determined after payment by the
Indemnifying Party of any amount otherwise required to be paid to an Indemnified Party to Section 9.4 or this Article X, the Indemnified Party shall repay to the Indemnifying Party, promptly after such determination, any amount that the Indemnifying Party would not have had to pay pursuant to Section 9.4 or this Article X had such determination been made at the time of such payment, and any excess recovery from a Collateral Source shall be applied to reduce any future payments to be made by the Indemnifying Party pursuant to Section 9.4(a) or (b), Section 10.2 or Section 10.3.
(a) Promptly after the incurrence of any Losses by any Person entitled to indemnification pursuant to Section 9.4(a) or (b), Section 10.2 or Section 10.3 hereof (each, an