No Double Counting. Any payment required to be made by the Borrower pursuant to any of Clauses 6.5 (
No Double Counting. The Parties intend that the provisions of this Agreement be applied in a manner that prevents any item of refund, credit, offset, abatement, taxes or expenses from being taken into account more than once.
No Double Counting. No revenue may be included in AR more than once. All intra-company transactions between or among the NFL, any NFL Affiliate, Clubs, and Club Affiliates shall be eliminated in accordance with GAAP (treating all such transactions on a pro forma consolidated basis) (except as provided in Subsection 1(a)(xii)(J) above) for purposes of calculating AR. For any joint venture, if AR rights are granted to the venture, which in turn pays the NFL or the Clubs for the rights granted, the value of the rights shall only be included in AR once.
No Double Counting. Notwithstanding the preceding provisions of this clause 10, if a liability to Taxation of the Lessor arises (or would have arisen but for an insufficiency of taxable profits) or an event giving rise to such a liability occurs (which would not have been, or given rise to, such a liability had all of the Variable Assumptions proved to be correct) by reason of which the Lessee is (or would, but for this provision be) liable to make a payment under the preceding provisions of this clause 10 and, in consequence of any such Variable Assumptions proving not to be correct, the amount of Rental payable under this Lease is adjusted upwards (or would be so adjusted but for the provisions of paragraph 10 of the Financial Schedule) then the Lessee shall not in such circumstances be liable to make any payments to the Lessor or otherwise in respect of Taxes under this clause 10 to the extent that the Lessor is (or, as the case may be, would be) fully compensated (or would be so compensated but for the provisions of paragraph 10 of the Financial Schedule) in respect of such liability or event by such upward adjustment to the amount of such Rental.
No Double Counting. Notwithstanding the preceding provisions of this clause 8, if:
8.9.1 either a liability to Tax arises, or would have arisen but for an insufficiency of taxable profits, or a deduction for Tax purposes is not available to the Lessor, or an event giving rise to such a liability or non-deduction occurs (which would not have been, or given rise to, such a liability or non-deduction had all of the Assumptions proved to be correct) by reason of which the Lessee is (or would, but for this clause 8.9, be) liable to make a payment under the provisions of this clause 8; and
8.9.2 in consequence of any of the Assumptions proving not to be correct any amount of Rental payable under this Agreement or the amount of the Termination Sum or both is or are adjusted upwards or would be so adjusted but for the provisions of paragraph 4.6 of the Financial Schedule, the Lessee shall not be liable to make any payments to the Lessor or otherwise in respect of Taxes under this clause 8.
No Double Counting. The Buyer shall not be entitled to recover damages in respect of any claim for breach of any of the Warranties or Tax Warranties, any claim under the Tax Covenant or otherwise obtain reimbursement or restitution more than once in respect of any one claim under this agreement arising out of or in connection with the same circumstances.
No Double Counting. For the avoidance of any doubt, any irrevocable payment made by any Transaction Obligor to the Export Credit Agency as a result of subrogation or following a demand by the Export Credit Agency under Clause 27.2 (Reimbursement) (as applicable) shall automatically discharge to the extent of such payment:
(a) the corresponding payment obligation to the Export Credit Agency, respectively, pursuant to Clause 27.2 (Reimbursement) and subrogation; and
(b) to the extent not already discharged by a payment made by the Export Credit Agency under the ECA Cover Document, the corresponding payment obligation owed to the Finance Parties under the Finance Documents.
No Double Counting. (1) If both Section 9(d)(ii)(A) and Section 9(d)(ii)(B) would require a Verizon Collocator to pay additional rent for any one piece or collection (such as a RAD center) of Additional Equipment, then Verizon Collocator need only pay the additional rent that is the larger of the amounts required under such subsections. If a Verizon Collocator is required to pay additional rent under Section 9(d)(ii)(A) or (B) for any piece or collection of Additional Equipment, then the Verizon Collocator will not be required to pay Rent or additional rent for such Additional Equipment under any other provision of this Agreement.
(2) If a Verizon Collocator is paying additional rent for any Additional Equipment that is located in space that later becomes part of a new RAD center under Section 9(d)(ii)(A)(2), then Verizon Collocator as of the creation of such new RAD center, Verizon Collocator will no longer pay the additional rent for that Additional Equipment, but that Additional Equipment will be deemed to be part of the new RAD center and will count against the 15,000 square inch Wind Load Surface Area allocation for that RAD center.
No Double Counting. For each particular event requiring any adjustment pursuant to this Section 3.3 for the benefit of any Member, there shall only be one adjustment made pursuant to this Section 3.3; provided, that nothing in this Section 3.3(e) shall limit or prevent any adjustments hereunder with respect to any other particular event.
No Double Counting. For the avoidance of doubt, (A) in the event that any items of revenue or deduction are covered by more than one component of the Royalty Base, for the purposes of calculating the Royalty Base, any such items will be included or deducted, respectively, only once (i.e., there shall be no double counting of revenues or deductions), and (B) with respect to any items of revenue included in the Royalty Base (or deductions therefrom), arising out of transactions by and between Licensee or any controlled Affiliate, on the one hand, and a third party (for these purposes including any Affiliates that are not controlled), on the other hand, there will be no double counting of revenues (or deductions therefrom) billed or paid solely among Licensee and its controlled Affiliates with respect to such revenues (or deductions) (i.e., there will be no double counting of revenues received from the third party (or deductions therefrom), and revenues internally billed by and among Licensee and its controlled Affiliates (and deductions therefrom).
