Mitigation, Quantification of Loss Sample Clauses

Mitigation, Quantification of Loss. 4.1. If the Seller shall have made any payment in respect of a Warranty Claim and the Company shall receive a benefit or refund which the Seller can demonstrate was not taken into account in computing the liability of the Seller in respect of that Warranty Claim and would have reduced that liability had it been taken into account, then unless payment of that benefit or refund has already been made by the Buyer to the Seller under paragraph 4 of this schedule 5, the Buyer shall forthwith repay to the Seller a sum corresponding to that benefit or refund as the case may be. 4.2. Nothing contained in this agreement shall have the effect of relieving the Buyer or the Company from any common law duty to mitigate any loss or damage suffered by it. 4.3. The Seller shall not be liable more than once in respect of any loss, damage or liability, whether by reason of a Warranty Claim, an Indemnity Claim or also a Covenant Claim being made or otherwise, so that any amount paid under the Warranties shall reduce the amount otherwise payable under the Tax Covenant or the covenants to pay in clause 13 of this agreement in respect of the same matter by that amount and vice versa..