Double Counting. At the time of Transfer and Delivery, the Traded Products sold under a Transaction have not otherwise been, nor will be, sold, retired, submitted for compliance purposes under any applicable emissions law, claimed or represented as part of electricity output or sales, or used to satisfy any other carbon or environmental attribute obligations or purposes.
Double Counting. For the avoidance of doubt, any payment to be made by the Borrower in respect of any indemnity, fee or cost and expense under this Agreement or the other Facility Documents shall be made without double counting, taking into account any payment made by the Borrower under the other provisions of this Agreement or any of the other Facility Documents.
Double Counting. For the avoidance of doubt, for the purpose of this Clause 14 there shall be no double counting in respect of increased costs of a Finance Party and any of its Affiliates.
Double Counting. The Buyer shall not be entitled to recover damages in respect of any Warranty Claim, Indemnity Claim, Title Claim or Tax Claim or otherwise obtain reimbursement or restitution more than once in respect of the same loss or liability arising out of or in connection with the same circumstances.
Double Counting. For the avoidance of doubt there shall be no double counting between any of the indemnity and/or costs provisions of this Agreement on the one hand and the provisions of any other Finance Document on the other. Accordingly, if a payment is received by way of indemnity or reimbursement of costs by the Lender under any of the Finance Documents which, but for this provision, would also be due under this Agreement, the person making the payment (the payer) shall be relieved, pro tanto, from any obligation to pay a corresponding amount under this Agreement provided that any settlement or discharge between the Lender on the one hand and the payer on the other shall be conditional upon no security or payment (whether by set-off or otherwise) to the Lender in relation to this Agreement or any other Finance Document being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general application and, if any such security or payment is so avoided or reduced, the Lender shall be entitled to recover the value or amount of such security or payment from the payer subsequently as if such settlement or discharge had not occurred.
Double Counting. Producer confirms that the Operation is not subject to any agreement with another program that generates credits, offsets, impact units, supply chain reporting, or claims related to soil carbon sequestration, changes in greenhouse gas emissions, improvements in water quality, and/or water use efficiencies that could conflict with the creation of or result in double counting of the Impact units and/or Credits that are subject to the Program (excluding regulations, easements or contracts that restrict the Operation to agricultural uses).
Double Counting. No asset or liability may be recorded or reflected more than once within Perimeter Capex, Perimeter Working Capital, Perimeter Cash, Perimeter External Debt, Non-Trading Receivables, Cross-Group Non-Trading Payables, Cross-Group Non-Trading Receivables or Recharges.
Double Counting. For the avoidance of doubt there shall be no incidence of double-counting by the Management Company under this Fourth Schedule
Double Counting. Notwithstanding the provisions of Clauses 19.3 and 19.4 above, to the extent that Lessor is entitled to be indemnified or compensated by or on behalf of Lessee for any Loss arising out of any event or circumstance under a particular provision of the Lessee Documents, Lessor shall not be entitled to recovery of such Loss under another provision of the Lessee Documents to the extent that it has already received compensation for such Loss from or on behalf of Lessee.
Double Counting. The Purchaser shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one liability, cost, shortfall, deficiency, breach or other set of circumstances which gives rise to more than one Claim (or claim under Schedule 11) in respect of this agreement or any of the Transaction Documents or any Specified German Restructuring Claim.
