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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating 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 to the Indemnitee under this Agreement to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, 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 otherwise due and payable to the extent the Indemnitee has otherwise actually received payment (whether under any insurance policythe Company's Certificate of Incorporation, By-laws, any provision of the Operating Agreement, directors' and officers' liability insurance or otherwise) of the any amounts otherwise indemnifiable hereunderdue and payable under 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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCompany’s Bye-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 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, any provision of the Operating Agreement, a Charter Document 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, any provision of the Operating Agreementgoverning or organizational document, 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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, policy or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement Deed to make any payment in connection with any Claim made against the Indemnitee of amounts otherwise indemnifiable under this Deed if, and to the extent the that, Indemnitee has otherwise actually received such payment (under any contract, agreement or insurance policy, any provision the Articles of Association of the Operating AgreementCompany, 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 an Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, 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 any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision Articles of Incorporation, the Operating Agreement, 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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCompany’s Certificate of Incorporation, bylaws or otherwise) of the amounts otherwise indemnifiable payable hereunder, except as provided in Section 19 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 the to Indemnitee under this Agreement to the extent the that Indemnitee has otherwise actually received payment (under any of such amounts, including pursuant to an insurance policy, from the Company (whether pursuant to a separate payment obligation or a voluntarily payment) or from any provision of the Operating Agreement, or otherwise) of the amounts otherwise indemnifiable hereunderother source.

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, any provision of the Operating AgreementCompany's Certificate of Incorporation, Company By-law 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 made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, 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 the an Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, policy or otherwise) of the amounts otherwise indemnifiable hereunder.

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

No Duplication of Payments. The [Subject to Section 21 hereof, the][The] Company shall not be liable under this Agreement to make any payment in connection with any Claim made against to the Indemnitee in respect of any expenses to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCompany’s certificate of incorporation and bylaws, or otherwise) of the amounts with respect to such expenses otherwise indemnifiable hereunder.

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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision certificate of the Operating Agreementincorporation, 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 Losses or Expense to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCertificate of Incorporation, 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 the Indemnitee to the extent the Indemnitee has otherwise actually received and retained payment (under any insurance policy, any provision of the Operating Agreement, Certificate of Incorporation 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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementBy-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 the any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementArticles, Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Subject to Section 4(c) hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim Proceedings made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCompany’s Bye-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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, 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 the an Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCompany’s Memorandum of Association, its Bye-laws 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, any provision of the Operating Agreement, 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, any provision of the Operating AgreementCompany’s Articles of Incorporation 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 made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, Certificate of 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 made against the any Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCertificate, the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder, except to the extent Indemnitee has paid Expenses or attorney’s fees that are subject to reimbursement under any insurance policy.

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, any provision the Bylaws of the Operating Agreement, Company or otherwise) in respect of the amounts otherwise indemnifiable hereundersuch Claim.

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, any provision of the Operating AgreementBy-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 the an Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCompany’s certificate 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 made against the any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementArticles, the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Neither the Company nor any Series 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 Operating 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 any Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision the organizational documents of the Operating Agreement, Company or a subsidiary 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 the any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision the Company’s Certificate of the Operating AgreementIncorporation, its 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 the Indemnitee of amounts otherwise indemnifiable under this Agreement if, and to the extent the that, Indemnitee has otherwise actually received such payment (under any contract, agreement or insurance policy, any provision the Articles of Association of the Operating AgreementCompany, 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, any provision of the Operating AgreementBye-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 the Indemnitee Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCompany'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 made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision the Company's Amended Memorandum and Articles of the Operating Agreement, Association 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, any provision of the Operating Agreement, Company’s Corporate 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 the any Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCertificate, Bylaws 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 claim made against the Indemnitee in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, a Charter Document 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 any Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCertificate, the LLC Agreement or otherwise) of the amounts otherwise indemnifiable hereunder, except to the extent Indemnitee has paid Expenses or attorney’s fees that are subject to reimbursement under any insurance policy.

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, any provision of the Operating Agreement, 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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, 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 claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementBylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this the 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 Operating Agreement, 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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance Insurance policy, any provision of the Operating AgreementBylaw, 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, any provision of the Operating AgreementCompany’s Governing Documents, or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The [Except as provided in Section 25 below,]2 the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the any Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCertificate, 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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, By-law 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 made against the Indemnitee Action to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, policy or otherwise) of the amounts amount 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, any provision the Certificate of Incorporation or the By-Laws of the Operating Agreement, 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 the any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, 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 the Indemnitee Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCompany's Certificate 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 made against the Proceeding in which Indemnitee is or may become involved to the extent the Indemnitee has otherwise actually received payment (under any insurance policypolicy maintained by the Company, any provision of the Operating AgreementCertificate of Incorporation, the By-Laws or otherwise) of the amounts otherwise indemnifiable hereunder; provided, however that such payment obligation shall be reinstated if the payment under any insurance policy, provision of the Certificate of Incorporation, the By-Laws or otherwise is forfeited by the Indemnitee.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against to the Indemnitee in respect of any liability or expenses to the extent the Indemnitee has otherwise actually received payment (under the Certificate, the Bylaws, or any law, statute, rule, agreement, insurance policy, any provision or otherwise in respect of the Operating Agreement, such liability or otherwise) of the amounts expenses 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 policyD&O Insurance, any provision of the Operating Agreement, bylaw 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 to the Indemnitee in respect of any Costs to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision the Articles or By-Laws of the Operating AgreementCompany, including any amendments thereto or restatements thereof, any agreement, any vote of shareholders, 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 in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any an insurance policy, any provision the Certificate of Incorporation, the Operating AgreementBylaws, 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 any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision Certificate of the Operating Agreement, Incorporation or 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 made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, or otherwise) of the amounts otherwise indemnifiable hereunder.the

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 Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementBylaws, Company 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 the Indemnitee Expenses to the extent the Indemnitee has otherwise actually received payment (under any insurance policySecurity Arrangement, any provision Certificate of the Operating AgreementIncorporation, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunderhereunder .

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 Losses or Expense to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCertificate of Incorporation, the 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 the Indemnitee otherwise due and payable to the extent the Indemnitee has otherwise actually received payment (whether under any insurance policythe Company's Restated Certificate of Incorporation, By-laws, any provision of the Operating Agreement, directors' and officers' liability insurance or otherwise) of the any amounts otherwise indemnifiable hereunderdue and payable under 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 the any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCertificate, 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 the any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision or the Company’s Memorandum and Articles of the Operating AgreementAssociation, as amended and restated, or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Neither the Company nor the Bank shall not be liable under this Agreement to make any payment in connection with any for a Claim made against the Indemnitee to the extent if the Indemnitee has otherwise actually received payment (under any the Company’s directors’ and officers’ liability insurance policy, any provision of the Operating Agreement, policy or otherwisepolicies) 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 Proceeding or Investigative Action to the extent the that Indemnitee has otherwise actually received payment (whether under any insurance policypolicy maintained by the Company under Section 7, any provision the Company’s Certificate of the Operating AgreementIncorporation or Bylaws, 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 the Indemnitee indemnification to the extent the that Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreementindemnity clause, 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 any Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementArticles, 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 claim made against the Indemnitee to the extent the Indemnitee indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreementvote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Except as provided in Section 26 below, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the any Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision Certificate of the Operating AgreementIncorporation, 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 the Indemnitee hereunder to the extent the that Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCompany’s Articles of Incorporation or Bylaws, or otherwise) of the amounts otherwise indemnifiable payable 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 the Indemnitee indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementBylaws, the Certificate, 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 Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCharter, 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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any the Company’s directors’ and officers’ liability insurance policy, any provision of the Operating Agreement, policy or otherwisepolicies) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company shall not be liable under this Agreement to make any payment to Indemnitee in connection with respect of any Claim made against the Indemnitee Expenses or Liabilities to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCompany’s organizational document, other indemnity provisions 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 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 Operating AgreementCertificate, 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 the any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision Amended and Restated Certificate of Incorporation, the Operating Agreement, Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Company Corporation shall not be liable under this Agreement Article X to make any payment in connection with any Claim claim made against the any Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, 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, any provision of the Operating Agreement, Bye-Law 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 the Indemnitee to the extent the Indemnitee has otherwise actually received payment from or on behalf of the Corporation (under any insurance policy, any provision of the Operating Agreement, Articles 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 claim made against the Indemnitee or any Family Member to the extent the Indemnitee or the Family Member has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementBye-law, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

No Duplication of Payments. The Notwithstanding any provision in this Agreement to the contrary, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made Proceeding against the Indemnitee to the extent the such Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, Charter Documents 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, any provision of the Operating AgreementCompany's Articles of Incorporation 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 made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision the Charter or the Bylaws of the Operating Agreement, 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 the Indemnitee Proceeding to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating AgreementCharter, the Bylaws or otherwise) of the amounts otherwise indemnifiable 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 any payment in connection with any Claim made against indemnify the Indemnitee to the extent the Indemnitee has for any Expenses or Losses for which payment is actually made otherwise actually received payment (under any insurance policy, any provision of the Operating Agreementbylaws, or otherwise) to the Indemnitee or on behalf of the amounts otherwise indemnifiable hereunderIndemnitee, except in respect of any excess beyond the amount paid.

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, any provision of the Operating AgreementCompany’s Charter 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 Indemnifiable Claim made against the Indemnitee to the extent the that Indemnitee has otherwise actually received payment (payment, whether under any insurance policy, any provision of the Operating Agreementcontract, agreement or otherwise) , of the amounts otherwise indemnifiable payable as indemnity 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 to Indemnitee under this Agreement to the extent the that Indemnitee has otherwise actually received payment (under any of such amounts, including pursuant to an insurance policy, from the Company (whether pursuant to a separate payment obligation or a voluntarily payment) or from any provision of the Operating Agreement, or otherwise) of the amounts otherwise indemnifiable hereunderother source.

No Duplication of Payments. The Subject to the provisions of Section 3(c) above, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the any Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, or otherwise) of the amounts otherwise indemnifiable hereunder.received

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 to Indemnitee under this Agreement to the extent the that Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Operating Agreement, 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, any provision of the Operating Agreement, or otherwiseCompany’s Directors and Officers Liability Policy) of the amounts otherwise indemnifiable hereunder.

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 in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any directors’ and officers’ liability insurance policy, any provision of policy maintained by the Operating Agreement, or otherwise) Company 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, any provision of the Operating Agreement, Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.