Certain Additional Limitations. (a) Notwithstanding anything to the contrary in this Agreement, in calculating amounts payable to an Indemnified Party hereunder, the amount of any indemnified Loss shall be determined without duplication of any recovery by reason of the state of facts giving rise to such Claim constituting a breach of more than one representation, warranty, covenant or agreement. (b) Notwithstanding anything to the contrary in this Agreement, no Indemnifying Party shall be liable for any Losses to the extent that the Losses suffered by the applicable Indemnified Party result from any improper or tortious act by the Indemnified Party or its Affiliates.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Osmotica Pharmaceuticals PLC), Stock Purchase Agreement (Osmotica Pharmaceuticals LTD), Stock Purchase Agreement (Osmotica Pharmaceuticals LTD)
