Deemed loss. The Bidder agrees that if Xxxxxxx seeks damages from the Bidder, any Loss suffered by Shareholders as a result of a breach of this Agreement or the Deed Poll by the Bidder will be deemed to be suffered by Pushpay (except to the extent that the Bidder pays damages directly to Shareholders on account of any Loss suffered due to the applicable breach).
Deemed loss. Xxxxxxxxx agrees that if Xxxxxx seeks damages from Xxxxxxxxx, any Loss suffered by Shareholders as a result of a breach of this agreement or the Deed Poll by Xxxxxxxxx will be deemed to be suffered by Xxxxxx (except to the extent that Stonepeak pays damages directly to Shareholders on account of any Loss suffered due to the applicable breach).