Multiple Claims. If multiple claims are brought with respect to at least one of which indemnification is permitted under applicable law and provided for under this Agreement, the Company agrees that any judgment or arbitration award shall be conclusively deemed to be based on claims as to which indemnification is permitted and provided for, except to the extent the judgment or arbitration award expressly states that it, or any portion thereof, is based solely on a claim as to which indemnification is not available.
Multiple Claims. County can submit multiple claims for HAVA funds authorized above, within the aggregate limit established for County.
Multiple Claims. For the avoidance of doubt, a single suit, action, proceeding or demand may include multiple Claims. In the event any such suit, action, proceeding or demand requires the defense of both (i) an indemnified Claim for which the Indemnifying Party has assumed the defense in accordance with Section 11.3.2 and (ii) (A) an indemnified Claim for which the Indemnified Party controls the defense settlement; (B) Claims for which each Party is required to indemnify the other Party; and/or (C) a Claim not subject to indemnification under Section 11.1 or Section 11.2, as applicable, for which a Party retains the right to control the defense, then (1) the Parties shall reasonably cooperate in the defense and settlement of such Claims (except to the extent where such cooperation would present a conflict of interest), including as required under Section 11.3.5 and (2) the Indemnifying Party shall only be required to indemnify the Indemnified Party for the Claim(s) that are subject to Indemnification in accordance with Section 11.1 or Section 11.2, as applicable. For purposes of clarity, a Party shall not be required to seek the consent of the other Party in the settlement of any non-indemnified claim.
Multiple Claims. In the event a claim is payable in multiple sections under this policy the Company’s liability will be restricted to the highest amount payable per section.
Multiple Claims. Notwithstanding the fact that an Indemnitee may have the right to assert claims for indemnification under or in respect of more than one provision, representation, warranty or covenant of this Agreement in respect of any fact, event, condition or circumstance, no Indemnitee shall be entitled to double recovery (or recovery more than once) for the amount of any Damages suffered by such Indemnitee to the extent such Indemnitee has otherwise been already compensated for such Damages.
Multiple Claims. Where Health Care Systems Liabilities and/or --------------- Instruments Liabilities and/or Semiconductor Equipment Liabilities, as applicable, are covered under the same Company Policies for periods before the Distribution Date, or covering claims made after the Distribution Date with respect to an event or an occurrence before the Distribution Date, then the Health Care Systems Group, the Instruments Group and the Semiconductor Equipment Group, as applicable, may claim coverage for Insured Claims under such Company Policies to the extent of liability or other coverage of such Company Policies. Each party may receive Insurance Proceeds in respect of its Insured Claims as and when payable under the terms of the applicable Company Policies without regard to whether the Insured Claim covers Health Care Systems Liabilities, Instruments Liabilities or Semiconductor Equipment Liabilities; provided, -------- however, that before receiving payment under a Company Policy, the party making ------- the claim shall be required to have retained a portion of the Liability underlying such Insured Claim equal to the amount of the self insurance retention or deductible. In the event that the aggregate limits on any Company Policy is exceeded by the aggregate of paid Insured Claims, no Group shall be entitled to reimbursement from another Group.
Multiple Claims. In no event shall any Buying Interest be entitled to indemnification for any matter pursuant to any subparagraph of Section 11.1 to the extent any Buying Interest has received (or would have received, absent this Section 11.5) indemnification for such matter pursuant to any other subparagraph of such Section 11.1 (or pursuant to the same subparagraph, if another basis for indemnification for such matter exists pursuant to the same subparagraph), or to the extent that such matter has been reserved for or reflected on the Final Closing Balance Sheet. In no event shall any Selling Interest be entitled to indemnification for any matter pursuant to any subparagraph of Section 11.2 to the extent any Selling Interest has received indemnification for such matter pursuant to any other subparagraph of such Section 11.2 (or pursuant to the same subparagraph, if another basis for indemnification for such matter exists pursuant to the same subparagraph).
Multiple Claims. Multiple damage/theft claims, especially if lack of due diligence is evident, could result in assessment of full repair cost, replacement cost, or restriction of take-home privileges.
Multiple Claims. Two or more covered Claim s arising out of a single Breach of Professional Duty or any series of related Breaches of Professional Duty will be considered a single Claim and shall be deemed to be made at the time the first of such Claims is made. This policy shall only apply if the first or earliest Claim arising from such Breach of Professional Duty or series of related Breaches of Professional Duty is made during the Policy Period or Extended Reporting Period, if applicable. Th e s e p ro v i s io ns a ppl y reg ardl ess of th e n umb e r of Insureds in vol ved in s uch a Cla im , th e number of Claims made, or the number of people or organizations that make the Claims. The number of Claims made or the number of people or organizations that make Claims shall not operate to increase the Limits of Liability as specified in subsections A and B above.
Multiple Claims. (i) In cases in which the Liabilities of the Parties and the members of their Groups are covered under the same Company Policies for periods before the Transfer Date, then the Parties and their respective Groups may claim coverage for Insured Claims under such Company Policies to the extent of liability or other coverage of such Company Policies. Each Group may receive Insurance Proceeds in respect of its Insured Claims as and when payable under the terms of the applicable Company Policies; provided, that before receiving -------- payment under a Company Policy, the Person making the claim shall be required to have retained a portion of the Liability underlying such Insured Claim equal to the amount of the self-insurance retention or deductible or the portion of such self-insurance retention or deductible provided for in this Section 9.05(d), and shall be responsible for the amount of such self-insurance retention or deductible.
(ii) Notwithstanding Section 9.05(d)(i), in the event there are insufficient limits of liability available under the Company Policies or other Policies in effect for periods before the Transfer Date to cover all the Liabilities of the Parties or the members of their Groups that would otherwise be covered by such Company Policies, then to the extent that other Policies are not available to the Parties and the members of their Groups for such Liabilities, an adjustment will be made in accordance with the following procedures:
(A) Each Party will be allocated an amount equal to the proportionate share of any Liabilities of such Party and its Group which would otherwise be covered under the Company Policies in excess of the Coverage Amount. Each Party's proportionate share of such excess Liabilities shall be calculated by multiplying (x) the aggregate amount of all Liabilities (net of any self-insurance retention or deductible) of the Parties and the members of their Groups eligible for coverage under a Company Policy in the coverage period applicable to such Company Policy by (y) a fraction, the numerator of which is the amount of such Liabilities attributable to such Party and the members of its Group and the denominator of which is the aggregate amount of all such Liabilities of the Parties and the members of their Groups (each such fraction, an "Insurance Ratio"). ---------------
(B) Each Party that received more than its share (an "Overallocation") of the Coverage Amount (an "Overallocated Party") shall -------------- ------------...
