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 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 and Other Indemnity Provisions or otherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement Section 7.4 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 Expenses any expenses incurred in connection therewiththerewith and any repayment by the Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions policy or otherwisefrom any other source in respect of such Indemnifiable Losses.

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 Indemnifiable Losses Proceeding to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, provision of the Constituent Documents and Other Indemnity Provisions Company’s Articles of Incorporation, Bylaws or otherwise) of the amounts otherwise payable 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 Indemnifiable Losses Proceeding to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, provision of the Constituent Documents and Other Indemnity Provisions Company’s Articles of Incorporation, Bylaws or otherwise.) of the amounts otherwise payable 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 Indemnifiable Losses to the extent the Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents Certificate of Incorporation and Bylaws, Other Indemnity Provisions or otherwiseotherwise 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 and any Other Indemnity Provisions or otherwiseotherwise of the amounts 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 and Other Indemnity Provisions 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 under this Agreement to the extent that Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwiseamounts otherwise 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 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 and Documents, Other Indemnity Provisions or otherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement Section 7.6 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 Expenses any expenses incurred in connection therewiththerewith and any repayment by the Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions policy or otherwisefrom any other source in respect of such Indemnifiable Losses.

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 and Other Indemnity Provisions 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 and Documents, Other Indemnity Provisions or otherwiseotherwise 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 Memorandum and Articles of Association, Other Indemnity Provisions or otherwiseotherwise 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 and Documents, Other Indemnity Provisions or otherwiseotherwise of the amounts otherwise (including from any other Enterprise) 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 Indemnifiable Losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, any of the Constituent Documents and Other Indemnity Provisions or otherwiseotherwise of the amounts otherwise indemnifiable by the 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 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 and Governing Documents, Other Indemnity Provisions or otherwiseotherwise of the amounts 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 and Other Indemnity Provisions 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 any unreimbursed Expenses of the Indemnitee incurred in connection therewith) under any insurance policy, the Constituent Governance Documents and Other Indemnity Provisions or otherwiseotherwise in respect of such Indemnifiable Losses otherwise indemnifiable 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 therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwiseotherwise in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

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 Indemnifiable Losses Loss made against Indemnitee to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and policy or Other Indemnity Provisions or otherwiseotherwise of the amounts otherwise indemnifiable hereunder.

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 Indemnifiable Losses Loss made against Indemnitee to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Corporate Documents and Other Indemnity Provisions or otherwiseotherwise of the amounts otherwise indemnifiable hereunder.

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 Indemnifiable Losses Loss made against Indemnitee to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents Company's Bylaws or the Company's Certificate of Incorporation and Other Indemnity Provisions or otherwiseotherwise of the amounts otherwise indemnifiable 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 and Other Indemnity Provisions 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 for or in respect of Expenses incurred in connection therewith) such Losses under any insurance policy, the Constituent Documents and Documents, Other Indemnity Provisions or otherwiseotherwise 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 and Other Indemnity Provisions 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 and Documents, Other Indemnity Provisions Provisions, or otherwiseotherwise 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 and Other Indemnity Provisions or otherwiseotherwise in respect of such Losses otherwise indemnifiable 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 and Documents, Other Indemnity Provisions or otherwiseotherwise 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 Indemnification 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 and Other Indemnity Provisions Articles or Company 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 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 and Documents, Other Indemnity Provisions or otherwiseotherwise (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 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 (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise.

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 Indemnifiable Losses Loss to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Certificate of Incorporation or Other Indemnity Provisions or otherwiseotherwise 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 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 and Constitution, Other Indemnity Provisions or otherwiseotherwise 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, Articles of Incorporation or Bylaws or otherwise of the Constituent Documents and Other Indemnity Provisions or otherwiseamounts 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 and Documents, Other Indemnity Provisions or otherwiseotherwise 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 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 and Other Indemnity Provisions or otherwiseotherwise (including from any Enterprise referred to in Section 1(f)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder.

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 and Other Indemnity Provisions or otherwise.

No Duplication of Payments. The Company shall not be liable under this Agreement Section 7.5 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 Expenses any expenses incurred in connection therewiththerewith and any repayment by the Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions policy or otherwisefrom any other source in respect of such 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 Indemnifiable Losses to the extent the Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Documents, Other Indemnity Provisions or otherwiseotherwise 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 losses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, other indemnity provisions or otherwise of the Constituent Documents and Other Indemnity Provisions or otherwiseamounts otherwise indemnifiable by the Company hereunder.

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

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 Indemnifiable Losses Loss made against Indemnitee to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwiseotherwise of the amounts indemnifiable 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 or to advance any Expenses to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Documents, Other Indemnity Provisions or otherwiseotherwise of the amounts otherwise indemnifiable or to be advanced 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 connection with any Indemnifiable Losses Loss made against Indemnitee to the extent Indemnitee has otherwise actually received payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwiseotherwise of the amounts otherwise indemnifiable 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 therewiththerewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Documents, Other Indemnity Provisions or otherwiseotherwise in respect of such Indemnifiable Losses otherwise indemnifiable hereunder. 15.

No Duplication of Payments. The Company shall not be liable under this Agreement Article IX 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 Expenses any expenses incurred in connection therewiththerewith and any repayment by the Indemnitee made with respect thereto) under any insurance policypolicy or from any other source in respect of such Indemnifiable Losses. Prior to closing, the Constituent Documents and Other Indemnity Provisions or otherwiseparties may mutually agree to change the name of the Company.

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 and Documents, Other Indemnity Provisions or otherwiseotherwise 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 payment (net of Expenses incurred in connection therewith) under any insurance policy, the Constituent Documents and Charter Documents, Other Indemnity Provisions or otherwiseotherwise 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 Expenses any expenses incurred in connection therewiththerewith and any repayment by the Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions policy or otherwisefrom any other source in respect of such Indemnifiable Losses.

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 and Documents, Other Indemnity Provisions or otherwiseotherwise 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 indemnify 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 and Other Indemnity Provisions Document or otherwise) of amounts otherwise indemnifiable hereunder.