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 to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the amounts definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the amounts definition of “Indemnifiable Claim” in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to the Indemnitee in respect of any Losses to the extent the Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunderotherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to the Indemnitee in respect of any Losses to the extent the Indemnitee has otherwise received payment under any insurance policy, the Constituent DocumentsCertificate of Incorporation and Bylaws, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, any Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses under this Agreement to the extent that Indemnitee has otherwise actually received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company payable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise actually received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement Deed to make any payment to Indemnitee in respect of any Losses amounts otherwise indemnifiable under this Deed if, and to the extent that, Indemnitee has otherwise actually received such payment under any contract, agreement or insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise Articles of Association of the amounts otherwise indemnifiable by the Company hereunderCompany, or otherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunderotherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent DocumentsMemorandum and Articles of Association, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses under this Agreement to the extent that Indemnitee has otherwise actually received payment under any of such amounts, including pursuant to an insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by from the Company hereunder(whether pursuant to a separate payment obligation or a voluntarily payment) or from any other source.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to in connection with any claim made against the Indemnitee in respect of any Losses to the extent Indemnitee the lndemnitee has otherwise actually received payment (under any insurance policy, the Constituent Documentsvote, Other Indemnity Provisions agreement or otherwise otherwise) of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to the Indemnitee in respect of any Losses under this Agreement to the extent that the Indemnitee has otherwise actually received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company payable hereunder.

No Duplication of Payments. The Except as provided in Section 14, the Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunderotherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions Provisions, or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise already actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise in respect of the amounts such Losses otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses amounts otherwise indemnifiable under this Agreement if, and to the extent that, Indemnitee has otherwise actually received such payment under any contract, agreement or insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise Articles of Association of the amounts otherwise indemnifiable by the Company hereunderCompany, or otherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Governing Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The [Except as provided in Section 10,](4) the Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunderotherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise (including from any other Enterprise) indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of connection with any Losses or Expense to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Constituent DocumentsCertificate of Incorporation, Other Indemnity Provisions Bylaws, or otherwise otherwise) of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall Corporation will not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, any of the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company Corporation hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment for or in respect of such Losses under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of any Expenses incurred in connection therewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise in respect of the amounts such Indemnifiable Losses otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of any unreimbursed Expenses of the Indemnitee incurred in connection therewith) under any insurance policy, the Constituent Documents, Governance Documents and Other Indemnity Provisions or otherwise in respect of the amounts such Indemnifiable Losses otherwise indemnifiable by the Company 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 respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunderotherwise.

No Duplication of Payments. The Company shall not be liable under this Indemnification Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise actually received payment (under any insurance policy, the Constituent Documents, Other Indemnity Provisions Articles or otherwise Company Bylaws or otherwise) of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunderotherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise (including from another Enterprise) indemnifiable by the Company hereunder; provided that the foregoing shall not affect the rights of Indemnitee or the Fund Indemnitors (as defined below) as set forth in Section 17.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses under this Agreement to the extent that Indemnitee has otherwise actually received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company payable hereunder.

No Duplication of Payments. The Company shall not be liable under No payments pursuant to this Agreement shall be made by the Company to make indemnify the Indemnitee for any Expenses or Losses for which payment to Indemnitee in respect of any Losses to the extent Indemnitee has is actually made otherwise received payment (under any insurance policy, bylaws, or otherwise) to the Constituent Documents, Other Indemnity Provisions Indemnitee or otherwise on behalf of the amounts otherwise indemnifiable by Indemnitee, except in respect of any excess beyond the Company hereunderamount paid.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to in connection with any claim made against Indemnitee in respect of or any Losses Family Member to the extent the Indemnitee or the Family Member has otherwise actually received payment (under any insurance policy, the Constituent DocumentsBye-law, Other Indemnity Provisions agreement or otherwise otherwise) of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of connection with any Losses or Expense to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Constituent DocumentsCertificate of Incorporation, Other Indemnity Provisions the By-Laws, or otherwise otherwise) of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received and is entitled to retain payment (net of Expenses incurred in connection therewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise in respect of the amounts such Indemnifiable Losses otherwise indemnifiable by the Company hereunder. 15.

No Duplication of Payments. The Notwithstanding anything to the contrary in this Agreement, the Company shall not be liable under this Agreement to make any payment to in connection with any Claim made against the Indemnitee in respect of any Losses to the extent the Indemnitee has otherwise actually received payment under any directors’ and officers’ liability insurance policy, policy maintained by the Constituent Documents, Other Indemnity Provisions or otherwise Company of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder. Nothing hereunder is intended to affect any right of contribution of or against the Company in the event the Company and any other person or persons have co-equal obligations to indemnify or advance expenses to Indemnitee.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Charter Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise actually received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to the Indemnitee in respect of any Losses Proceeding to the extent the Indemnitee has otherwise received payment under any insurance policy, the Constituent DocumentsBylaws or other constituent documents of the Company, Other Indemnity Provisions any other indemnification provided to the Indemnitee or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise (including from another Enterprise) indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received and is entitled to retain payment (net of any Expenses incurred in connection therewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the amounts otherwise indemnifiable by the Company hereunder.definition of

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any my Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunderotherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise (including from another Enterprise) of the amounts otherwise indemnifiable by the Company hereunder; provided that the foregoing shall not affect the rights of Indemnitee or the Fund Indemnitors (as defined below) as set forth in Section 17.

No Duplication of Payments. The [Except as provided in Section 10, t][T]he Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents, Documents and Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunderotherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to the Indemnitee in respect of any Losses Costs to the extent the Indemnitee has otherwise received payment under any insurance policy, the Constituent DocumentsArticles or By-Laws of the Company, Other Indemnity Provisions including any amendments thereto or restatements thereof, any agreement, any vote of shareholders, or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions other indemnity provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses Expenses or Liabilities to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent DocumentsCompany’s organizational document, Other Indemnity Provisions other indemnity provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent DocumentsConstitution, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions Articles of Incorporation or Bylaws or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

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

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to an Indemnitee in respect of any Indemnifiable Losses to the extent that the Indemnitee has otherwise actually received payment (net of any expenses incurred in connection therewith and any repayment by the Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents, Other Indemnity Provisions policy or otherwise from any other source in respect of the amounts otherwise indemnifiable by the Company hereundersuch Indemnifiable Losses.

No Duplication of Payments. The Company shall will not be liable under this Agreement to make any payment to the Indemnitee in respect of any Losses to the extent the Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder.

No Duplication of Payments. The Company Corporation shall not be liable obligated under this Agreement to make any payment to Indemnitee in respect of any Losses amounts otherwise indemnifiable hereunder if and to the extent that Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement, or otherwise. Indemnitee shall not be entitled to duplicate payment for the Constituent Documents, Other Indemnity Provisions same loss or otherwise of the amounts otherwise indemnifiable by the Company hereunderexpense.

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

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable by the Company hereunder. 17.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in respect of any Losses or to advance any Expenses to the extent Indemnitee has otherwise received payment under any insurance policy, the Constituent Documents, Other Indemnity Provisions or otherwise of the amounts otherwise indemnifiable or to be advanced by the Company hereunder.