Abano Reimbursement Sum Clause Samples

Abano Reimbursement Sum. Notwithstanding any other provision under this Agreement, if the Abano Reimbursement Sum is paid to Abano under clause 11.3 of this Agreement (or would be payable if a demand was made), Abano cannot make any claim against Bidco or the other Bidco Indemnified Parties in relation to any event or occurrence referred to in clause 11.3, except that nothing in this Agreement (including in this clause 11) will limit Abano’s right to: (i) recover damages or otherwise limit any other remedy available to Abano under this Agreement (whether for its own benefit or on behalf of a person for whom Abano holds any right on trust expressly under this Agreement) for any fraud attributable at law to Bidco or any intentional breach of any provision of this Agreement by Bidco; or (ii) bring a claim and recover any loss it incurs in connection with this Agreement and the Scheme (if the Abano Reimbursement Sum has been paid, to the extent such loss exceeds the Abano Reimbursement Sum but then only for such excess) if Bidco has breached its obligations to pay the Consideration to Abano Shareholders pursuant to clauses 4.3 and 5.3(j) and/or the Deed Poll.