No Double Dip Sample Clauses

No Double Dip. The Parties are in agreement that where one and the same Loss has been caused by several breaches of this Agreement or by a breach of several provisions of this Agreement the Party incurring or suffering such Loss shall be entitled to receive monetary damages in the amount of such Loss only once.
Sample 1
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No Double Dip. Where one and the same set of facts (Sachverhalt) qualifies under more than one provision entitling the Purchaser to any claim, for damages or for other reasons, under or in connection with this Agreement, there shall be only a one time consideration respectively compensation for the entirety of such claim and/or damage. For the avoidance of doubt, the “no double counting” principle set forth in this Section 9.10 shall apply mutatis mutandis with respect to any advantages, savings or benefits taken into account with respect to any claim under or in connection with this Agreement.
Sample 1
No Double Dip. If one and the same set of facts (Sachverhalt) qualifies under more than one provision as a Breach of Representations or entitles Purchaser to a claim or remedy under more than one provision of, or in connection with, this Agreement, even if the Purchaser makes multiple Claims arising from such facts, the Purchaser shall not be entitled to aggregate recoveries from such Claims in excess of its aggregate Losses arising from such facts.
Sample 1
No Double Dip. “ and third party coverage 12.7.1 The Parties are in agreement that where one and the same set of facts (Sachverhalt) qualifies under more than one provision entitling the Purchaser to a claim or remedy under this Agreement, there shall be only one claim or remedy. In particular, the foregoing shall apply if one and the same set of facts (Sachverhalt) qualifies under more than one of the representations made in Section 11. 12.7.2 The Purchaser may not claim damages pursuant to Section 11 in the amount in which the Acquired Company has set up a corresponding/specific provision in the Closing Date Financial Statements, or insurance coverage is available to the Purchaser or the Acquired Company or any of its Subsidiaries. In case of insurance coverage, the Seller shall compensate Purchaser for any costs and disadvantages in connection with claiming the insurance benefit (such as potential elevated costs in insurance premium fees).
Sample 1
No Double Dip. The Parties agree that where one and the same set of facts (Sachverhalt) qualifies under more than one provision entitling the Purchaser to a claim under this Agreement, there shall be only one claim or remedy. In particular, the foregoing shall apply if one and the same set of facts qualifies as a breach or non-fulfilment of more than one of the Sellers' Warranties.
Sample 1
No Double Dip. The Parties are in agreement that where one and the same set of facts (Sachverhalt) qualifies under more than one provision entitling a Party to a claim or indemnification under this Agreement, there shall be only one claim or indemnification. In particular, the foregoing shall apply if one and the same set of facts (Sachverhalt) qualifies under the representations made in ARTICLE VI and under the indemnifications contained in ARTICLE VIII.
Sample 1
No Double Dip. Where one and the same Damage has been caused by more than one breach of this Agreement or by a breach of more than one provision of this Agreement, the Claimant incurring or suffering such Damage shall be entitled to receive monetary damages in the amount of such Damage only once.
Sample 1
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Related to No Double Dip

  • No Double Recovery No provision of this Agreement shall be construed to provide an indemnity or other recovery for any costs, damages, or other amounts for which the damaged party has been fully compensated under any other provision of this Agreement or under any other agreement or action at law or equity. Unless expressly required in this Agreement, a party shall not be required to exhaust all remedies available under other agreements or at law or equity before recovering under the remedies provided in this Agreement.

  • No Effect on Service Nothing in this Agreement or in the Plan shall be construed as giving the Participant the right to be retained in the employ or service of the Company or any Affiliate thereof. Furthermore, the Company and its Affiliates may at any time dismiss the Participant from employment or consulting free from any liability or any claim under the Plan or this Agreement, unless otherwise expressly provided in the Plan, this Agreement or any other written agreement between the Participant and the Company or an Affiliate thereof.

  • No Effect on Employment Subject to any employment contract with the Employee, the terms of such employment will be determined from time to time by the Company, or the Subsidiary employing the Employee, as the case may be, and the Company, or the Subsidiary employing the Employee, as the case may be, will have the right, which is hereby expressly reserved, to terminate or change the terms of the employment of the Employee at any time for any reason whatsoever, with or without good cause. The transactions contemplated hereunder and the vesting schedule set forth on the first page of this Agreement do not constitute an express or implied promise of continued employment for any period of time. A leave of absence or an interruption in service (including an interruption during military service) authorized or acknowledged by the Company or the Subsidiary employing the Employee, as the case may be, shall not be deemed a Termination of Service for the purposes of this Agreement.

  • No Duplication; No Double Recovery Nothing in this Agreement is intended to confer to or impose upon any Party a duplicative right, entitlement, obligation or recovery with respect to any matter arising out of the same facts and circumstances.

  • No Mitigation; No Offset In the event of any termination of employment, Executive shall be under no obligation to seek other employment; amounts due Executive under this Agreement shall not be offset by any remuneration attributable to any subsequent employment that he may obtain.

  • Gas Imbalances, Take-or-Pay or Other Prepayments The Borrower will not, and will not permit any Restricted Subsidiary to, allow gas imbalances, take-or-pay or other prepayments with respect to the Oil and Gas Properties of the Borrower or any Restricted Subsidiary that would require the Borrower or such Restricted Subsidiary to deliver Hydrocarbons at some future time without then or thereafter receiving full payment therefor to exceed one half bcf of gas (on an mcf equivalent basis) in the aggregate.

  • No Abatement of Rent This Agreement shall remain in full force and effect and Tenant’s obligation to make all payments of Rent and to pay all other charges as and when required under this Agreement shall remain unabated during the Term notwithstanding any damage involving the Leased Property, or any portion thereof (provided that Landlord shall credit against such payments any amounts paid to Landlord as a consequence of such damage under any business interruption insurance obtained by Tenant hereunder). The provisions of this Article 10 shall be considered an express agreement governing any cause of damage or destruction to the Leased Property, or any portion thereof, and, to the maximum extent permitted by law, no local or State statute, laws, rules, regulation or ordinance in effect during the Term which provide for such a contingency shall have any application in such case.

  • Election Changes The Executive may modify the amount of Deferrals annually by filing a new Deferral Election Form with the Employer. The modified deferral shall not be effective until the calendar year following the year in which the subsequent Deferral Election Form is received by the Employer.

  • Are There Different Types of IRAs or Other Tax Deferred Accounts? Yes. Upon creation of a tax deferred account, you must designate whether the account will be a Traditional IRA, a Xxxx XXX, or a Xxxxxxxxx Education Savings Account (“CESA”). (In addition, there are Simplified Employee Pension Plan (“SEP”) IRAs and Savings Incentive Matched Plan for Employees of Small Employers (“SIMPLE”) IRAs, which are discussed in the Disclosure Statement for Traditional IRAs). • In a Traditional IRA, amounts contributed to the IRA may be tax deductible at the time of contribution. Distributions from the IRA will be taxed upon distribution except to the extent that the distribution represents a return of your own contributions for which you did not claim (or were not eligible to claim) a deduction. • In a Xxxx XXX, amounts contributed to your IRA are taxed at the time of contribution, but distributions from the IRA are not subject to tax if you have held the IRA for certain minimum periods of time (generally, until age 59½ but in some cases longer). • In a Xxxxxxxxx Education Savings Account, you contribute to an IRA maintained on behalf of a beneficiary and do not receive a current deduction. However, if amounts are used for certain educational purposes, neither you nor the beneficiary of the IRA are taxed upon distribution. Each type of account is a custodial account created for the exclusive benefit of the beneficiary – you (or your spouse) in the case of the Traditional IRA and Xxxx XXX, and a named beneficiary in the case of a Xxxxxxxxx Education Savings Account. U.S. Bank, National Association serves as Custodian of the account. Your, your spouse’s or your beneficiary’s (as applicable) interest in the account is nonforfeitable.

  • Continuation of or Change in Business Each of the Loan Parties shall not, and shall not permit any of its Unregulated Subsidiaries to, engage in any business other than a Permitted Business.

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