Common use of No Duplication of Payments Clause in Contracts

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder, except as provided in Section 18 below.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Charter, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Notwithstanding anything herein to the contrary, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, any other agreement, the Company’s Certificate of Incorporation, Bylaw and Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationvote, Bylaw agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Expense or Liability of Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationArticles, Bylaw Bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder. This Agreement shall supersede any prior indemnification agreement between Indemnitee and the Company.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim action, suit, proceeding, inquiry or investigation made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-laws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under -------------------------- this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Certificate of Incorporation, Bylaw or otherwise) the Bylaws or otherwise of the amounts otherwise indemnifiable hereunder. The Company’s obligation to indemnify or advance Expenses hereunder to Indemnitee as a result of the Indemnitee’s Corporate Status with an Entity other than the Company shall be reduced by any amount Indemnitee has actually received as indemnification or advancement of Expenses from such other Entity.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company's certificate of incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim Indemnifiable Loss made against Indemnitee to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, Certificate of Incorporation, Bylaw the Constituent Documents and Other Indemnity Provisions or otherwise) otherwise of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationCertificate, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-Law or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Subject to Section 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate or any provision of Incorporation, Bylaw the Company’s LLC Agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder).

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationby law, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.

No Duplication of Payments. The Except as otherwise set forth in Section 3(b) above, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against an Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate certificate of Incorporationincorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Subject to Section 14 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Company’s Certificate of Incorporation, Bylaw Incorporation or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Charter, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee Proceeding to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of the Company’s Articles of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable identifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw M&A or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company's certificate of incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw article or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Articles of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent that Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Company's Declaration of Trust or otherwiseother governing document) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate certificate of Incorporation, Bylaw incorporation or by-laws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Article of Incorporation, as amended, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Company's charter or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Charter or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Subject to Paragraph 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of IncorporationIncorporation and By-Laws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable Indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of IncorporationAssociation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made Proceeding against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate charter documents of Incorporation, Bylaw the Company or any Subsidiary or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Except as otherwise set forth in Section 15 above, the Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationbylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Subject to Section 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate any provision of Incorporationthe Company’s Charter and Bylaws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporationthe Certificate, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company Companies shall not be liable under this Agreement to make any payment in connection with any Claim made against Proceeding involving the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Companies’ articles of Incorporation, Bylaw organization or by-laws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company's articles of incorporation, Bylaw bylaws (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee of amounts otherwise indemnifiable hereunder if and to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, the Certificate of Incorporation, Bylaw Incorporation or Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or Bylaws provision or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw M&A or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Certificate of Incorporation, Bylaw any applicable Subsidiary’s articles of incorporation, Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee in connection with any threatened, pending or completed action, suit or proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw By-law or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Incorporation or Bylaws of the Company or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Subject to Section 12 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate any provision of Incorporationthe Company’s Articles of Incorporation and Bylaws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company’s certificate of incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Subject to Paragraph 12 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of IncorporationIncorporation and By-Laws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any an insurance policy, the Certificate of Incorporation, Bylaw Incorporation or otherwise) of the amounts otherwise indemnifiable idemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the Memorandum and Articles or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Restated Certificate of Incorporation, Bylaw Company By-law or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporation, Bylaw the Charter or Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate certificate of Incorporationincorporation, Bylaw by-law or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Except as provided in Section 10, the Company shall not be liable under this Agreement to make any payment to Indemnitee in connection with respect of any Claim made against Indemnitee Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, Certificate of Incorporation, Bylaw the Constituent Documents and Other Indemnity Provisions or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this -------------------------- Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company's Certificate of Incorporation, Bylaw bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against any Indemnitee to the extent such Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationRestated Certificate, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Company’s certificate of incorporation, Bylaw bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment from the Company (under any insurance policy, Certificate of Incorporation, Bylaw policy obtained by the Company or otherwise, and including payment made directly to the Indemnitee by an insurer under such an insurance policy) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Except as otherwise set forth in Section 14 above, the Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of IncorporationBylaw, Bylaw vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw the By-Laws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The [Subject to Section 12, ]the Company shall not be liable under this Agreement to make any payment to Indemnitee in connection with respect of any Claim made against Indemnitee Expenses or Other Liabilities to the extent Indemnitee has otherwise actually received payment (under any insurance policy, the Company’s Certificate of Incorporation, Bylaw Incorporation or otherwise) Bylaws or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company Corporation shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Expense or Liability of Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate the Articles of Incorporation, Bylaw the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder. This Agreement shall supersede any prior indemnification agreement between Indemnitee and the Company.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw policy or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate provision of Incorporationthe Articles, Bylaw the Bylaws (as now or hereafter in effect) or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate Articles of IncorporationAssociation or Bye-laws, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw Charter or By-law provision or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim action, suit, proceeding, inquiry or investigation made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, Certificate of Incorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Indemnitee to the extent Indemnitee has otherwise actually received payment (under any insurance policy, provision of the Company’s Restated Certificate of Incorporation, Bylaw Bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder.