No Duplicate Recovery. In the event an indemnified party recovers damages in respect of an indemnification claim, no other indemnified party may recover the same damages in respect of a claim for indemnification under this Agreement.
No Duplicate Recovery. Any indemnifiable Damages for which any Indemnitee is entitled to indemnification under this Section 9 shall be determined without duplication of recovery by reason of the state of facts giving rise to such indemnifiable Damages constituting a breach of more than one representation, warranty, covenant or agreement. There shall be no recovery for any indemnifiable Damages by any Indemnitee pursuant to this Section 9 to the extent such Damages have been taken into account in the determination of the Final Purchase Price or the Purchase Price Adjustment or pursuant to Section 1.3(a).
No Duplicate Recovery. 14.1 If IP OpCo (on behalf of itself or any other Relevant Party), has previously made a Claim in respect of which the Secretary of State has paid out and, thereafter, the Relevant Party actually receives a Recovery in relation to that Claim, then IP OpCo shall reimburse the Secretary of State for any Excess Losses or Unavailability Losses paid to IP OpCo either on its own behalf or on behalf of any other Relevant Party by the Secretary of State in relation to that Claim to the extent that the proceeds of any such Recovery by the Relevant Party would cause the Relevant Party to receive a double recovery with respect to the Claim giving rise to the Compensation Obligations.
No Duplicate Recovery. For the avoidance of doubt, to the extent any Loss gives rise to a claim by an Indemnified Party under more than one provision of this Agreement (including multiple representations and warranties or covenants or agreements), or under more than one clause of Section 8.2, 8.3 or 8.4, such Indemnified Party may seek recovery under any and all such provisions and clauses; provided, however, that any Loss under this Agreement shall be determined without duplication of recovery for the same Loss by reason of the facts giving rise to such Loss arising out of an Assumed Liability, an Excluded Liability or constituting a breach of more than one representation, warranty, covenant or agreement.
No Duplicate Recovery. A party shall only be entitled to recover, and only one party shall be entitled to recover, the full actual loss suffered on account of any act or omission by another party that constitutes a breach of any of the representations, warranties, covenants or obligations set forth in this Agreement or in any Ancillary Agreement notwithstanding the fact that the act or omission constitutes a breach of more than one of such representations, warranties, covenants or obligations made or owed to one or more parties.
No Duplicate Recovery. Notwithstanding anything to the contrary contained in this Section 9.02, there shall be no recovery for any Loss by the Buyer under this Section 9.02, and the Loss shall not be included in meeting the Deductible Amount hereunder, to the extent any reserve or accrual associated with such item has been included in the calculation of the Working Capital under Section 1.01 hereof.
No Duplicate Recovery. Despite any contrary provision of this Agreement or of any Ancillary Agreement, Purchaser Indemnified Parties (whether individually or collectively) or Seller Indemnified Parties (whether individually or collectively) are not entitled to recover more than once with respect to any individual Claim or Indemnifiable Losses or any other item that gives rise to any right of indemnification, or recovery, and no duplicate payment, reimbursement, indemnification or other form of recovery or remedy in respect of any such item is permitted.
No Duplicate Recovery. In the event an Indemnitee recovers Losses in respect of a claim of indemnification under this Article VIII, no other Indemnitee will be entitled to recover the same Losses in respect of a claim for indemnification under this Agreement or the French SPA.
No Duplicate Recovery. Notwithstanding anything to the contrary herein, a party seeking indemnification under this Agreement may not recover duplicative Losses in respect of a single set of facts or circumstances under more than one representation, warranty, covenant or agreement in this Agreement even if such facts or circumstances would constitute a breach of more than one representation, warranty, covenant or agreement in this Agreement.
No Duplicate Recovery. With respect to a Loss for which indemnification is available to Buyer under both Section 8.3 and Section 8.4, Buyer may elect to pursue recovery of such Loss under one or both of such sections; provided, that the aggregate amount recovered by Buyer for such Loss under Sections 8.3 and 8.4 shall not exceed the total amount of such Loss.
