No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claim.
Appears in 5 contracts
Samples: Share Purchase Agreement, Sale and Purchase Agreement (GTT Communications, Inc.), Management Warranty Deed (GTT Communications, Inc.)
No Double Recovery. 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, loss, costCost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claim.
Appears in 2 contracts
Samples: Sale and Purchase Agreement, Sale and Purchase Agreement (Linde PLC)
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to one or more than one ClaimClaims.
Appears in 2 contracts
Samples: Share Sale and Purchase Agreement (Digital Realty Trust, L.P.), Share Sale and Purchase Agreement (Digital Realty Trust, L.P.)
No Double Recovery. The Purchaser shall not be entitled to recover damages or obtain payment, reimbursement, restitution reimbursement or indemnity more than once under this Agreement in respect of any one liability, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claima claim or demand hereunder to the extent that it shall already have been fully compensated in respect of such liability, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances under any other Purchase Document.
Appears in 2 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (International Paper Co /New/)
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claimclaim or other remedy.
Appears in 2 contracts
Samples: Sale and Purchase Agreement (Chiquita Brands International Inc), Sale and Purchase Agreement (Chiquita Brands International Inc)
No Double Recovery. The Purchaser shall not be entitled to recover damages Damages or otherwise obtain payment, reimbursement, reimbursement or restitution or indemnity more than once in respect of any one liability, the same loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claim.
Appears in 2 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (Riverbed Technology, Inc.)
No Double Recovery. 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, for the same loss, cost, shortfall, damage, deficiency, breach deficiency or other set of circumstances which gives rise to more than one Claimbreach.
Appears in 2 contracts
Samples: Sale and Purchase Agreement, Share Purchase Agreement (Borders Group Inc)
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one ClaimClaim or claim under the Tax Covenant, and for this purpose recovery by the Purchaser or any Designated Purchaser shall be deemed to be a recovery by each of them.
Appears in 1 contract
No Double Recovery. The Purchaser agrees that it shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one liability, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to one or more than one ClaimClaims.
Appears in 1 contract
Samples: Share Sale and Purchase Agreement (Newmont Mining Corp /De/)
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one ClaimLoss.
Appears in 1 contract
Samples: Agreement for the Sale and Purchase of Aktiv Kapital As (Portfolio Recovery Associates Inc)
No Double Recovery. The Purchaser shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one individual liability, loss, cost, shortfall, damage, deficiency, breach shortfall or other set of circumstances damage which gives rise to more than one Claim, provided that this shall not prevent the Purchaser from recovering damages or obtain payment, reimbursement, restitution or indemnity in respect of separate liabilities, losses, costs, shortfalls or damages arising from any single deficiency, breach or other set of circumstances.
Appears in 1 contract
Samples: Agreement for the Sale and Purchase of Shares and Assets (Evotec AG)
No Double Recovery. The Purchaser Buyer shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one liability, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives that give rise to one or more than one ClaimClaims, and, for this purpose, recovery by Buyer in respect of a particular shortfall, damage, deficiency, breach or other set of circumstances, shall be deemed to be recovery by each of them.
Appears in 1 contract
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which that gives rise to more than one Claim.
Appears in 1 contract
No Double Recovery. 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, the same loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claim.
Appears in 1 contract
No Double Recovery. The Purchaser shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one single liability, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives giving rise to more than one Purchaser’s Claim.
Appears in 1 contract
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one ClaimClaim or other claim under this Agreement or claim under the Tax Covenant, and for this purpose recovery by the Purchaser or any Designated Purchaser shall be deemed to be a recovery by each of them.
Appears in 1 contract
Samples: Business and Share Sale and Purchase Agreement (Colgate Palmolive Co)
No Double Recovery. The Purchaser No Buyer shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any to one liability, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives that give rise to one or more than one ClaimClaims.
Appears in 1 contract
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, the same loss suffered as a result of a breach or other set of circumstances which gives rise to more than one Claimthe General Warranties.
Appears in 1 contract
Samples: Share Purchase Agreement
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claimcircumstances.
Appears in 1 contract
Samples: Share Purchase Agreement (Hungarian Telephone & Cable Corp)
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one ClaimClaim or Tax Demand.
Appears in 1 contract
Samples: Agreement for the Sale and Purchase of Encana (u.k.) Limited (Nexen Inc)
No Double Recovery. The Purchaser Buyer shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one liability, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to one or more than one ClaimClaims. For the purposes of this paragraph 16, recovery by any Acquired Entity shall be deemed to be recovery by the Buyer.
Appears in 1 contract
Samples: Share Sale and Purchase Agreement (International Game Technology PLC)
No Double Recovery. The Purchaser Purchasers shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one liability, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claim.
Appears in 1 contract
Samples: Agreement for the Sale and Purchase of Shares and Intellectual Property Rights (Campbell Soup Co)
No Double Recovery. 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, loss, cost, cost or shortfall, damage, deficiency, breach or other set regardless of circumstances which gives rise to whether more than one ClaimClaim arises in respect of it.
Appears in 1 contract
No Double Recovery. The Purchaser shall not be entitled to recover damages or otherwise obtain payment, reimbursement, restitution or indemnity more than once in respect of any one liabilitythe same loss whether under this agreement, loss, cost, shortfall, damage, deficiency, breach a Transaction Document or other set of circumstances which gives rise to more than one Claimotherwise.
Appears in 1 contract
No Double Recovery. The Purchaser Purchasers shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one liability, loss, costcosts, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claim.
Appears in 1 contract
No Double Recovery. The Purchaser shall not be entitled to recover damages or otherwise obtain payment, reimbursement, reimbursement or restitution or indemnity more than once in respect of any one the same loss, liability, loss, cost, shortfall, expense or damage, deficiency, breach or other set of circumstances which gives rise to more than one Claim.
Appears in 1 contract
No Double Recovery. 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, for the same loss, cost, shortfall, damage, deficiencydeficiency or breach, breach if and to the extent the loss, damage or other set of circumstances deficiency are or have been included in a claim under this Agreement which gives rise to more than one Claimhas been satisfied.
Appears in 1 contract
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claim, including, for the avoidance of doubt, Claims against the Management Warrantors under the SPA in their capacity as Sellers or Loan Note Holders.
Appears in 1 contract
No Double Recovery. 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, loss, cost, shortfall, damage, damage or deficiency, breach or other set regardless of circumstances which gives rise to whether more than one Claimclaim arises in respect of it.
Appears in 1 contract
Samples: Deed for Sale and Purchase (Evercore Partners Inc.)
No Double Recovery. The Purchaser shall not be entitled to recover damages or otherwise obtain payment, reimbursement, reimbursement or restitution or indemnity more than once in respect of the same loss arising from any one liability, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise matter under the Warranties and/or pursuant to more than one Claimthe Tax Deed.
Appears in 1 contract
Samples: Share Purchase Agreement (Majesco)
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one ClaimClaim and no amount (or part of any amount) shall be taken into account, set off or credited more than once for breach of or under this Agreement, or otherwise, with the intent that there will be no double counting for breach of under this Agreement or otherwise.
Appears in 1 contract
No Double Recovery. The Purchaser shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one anyone liability, loss, cost, shortfall, damage, deficiency, breach Xxxxxx or other set of settled circumstances which gives rise to more than one Claim.
Appears in 1 contract
No Double Recovery. The Purchaser for itself and on behalf of any Designated Purchaser shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one liability, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claim, and for this purpose recovery by the Purchaser or any Designated Purchaser shall be deemed to be a recovery by each of them.
Appears in 1 contract
No Double Recovery. The Purchaser shall not be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one Claim (a Relevant Claim) to the extent that the Purchaser has already recovered damages or obtained payment, reimbursement, restitution or indemnity pursuant to any other Claim in respect of the same liability, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives giving rise to more than one the Relevant Claim.
Appears in 1 contract
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to one or more than one ClaimWarranty Claims.
Appears in 1 contract
Samples: Share Sale and Purchase Agreement (Modine Manufacturing Co)
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claim, and for this purpose recovery by the Purchaser shall be deemed to be a recovery by each of them.
Appears in 1 contract
Samples: Agreement for the Sale and Purchase of Business Operations (Sirva Inc)
No Double Recovery. The Purchaser shall not be entitled to recover damages damages, or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one liability, the same loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claimevent or circumstance.
Appears in 1 contract
Samples: Sale and Purchase Agreement (Supernus Pharmaceuticals, Inc.)
No Double Recovery. The Purchaser shall not be entitled to recover damages Losses, or obtain payment, reimbursement, restitution or indemnity more than once in with respect of any one liability, loss, cost, shortfall, damage, deficiency, breach to a matter or other set of circumstances which circumstance even if that matter or circumstance gives rise to more than one (1) Claim.
Appears in 1 contract
Samples: Sale and Purchase Agreement (DigitalBridge Group, Inc.)
No Double Recovery. 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, loss, cost, shortfall, damage, deficiency, breach or other set of circumstances which gives rise to more than one Claimclaim under one or more of the Transaction Documents.
Appears in 1 contract
Samples: Agreement for the Sale and Purchase of Shares (EnergySolutions, Inc.)
No Double Recovery. The Purchaser shall not be entitled to recover damages Losses, or obtain payment, reimbursement, restitution or indemnity more than once in with respect of any one liability, loss, cost, shortfall, damage, deficiency, breach to a matter or other set of circumstances which circumstance even if that matter or circumstance gives rise to more than one Claim.(1) Claim.
Appears in 1 contract