No Duplication of Remedies. In no event shall either Party be entitled to duplicate compensation with respect to any Claim or any breach of representation, warranty or agreement herein asserted under the terms of this Agreement, even though such Claim or breach may be addressed by more than one provision of this Agreement. Non-Environmental Claims and Environmental Claims are excluded from the expenses described in Sections 6.2 and 6.8, and the revenues described in Section 6.7. Payments for Claims under this Article 8 shall not affect the allocation of such expenses or revenues between the Parties, and the allocation of such expenses and revenues between the Parties shall not affect payments for Claims under this Article 8. For the avoidance of doubt, Buyer’s Claims for indemnification under this Agreement are limited to the portion of any Claim properly attributable to Seller’s ownership interest in the Property giving rise to such a Claim.
No Duplication of Remedies. To the extent any party may have more than one remedy for any Losses incurred by it, it may pursue all available remedies but in no event shall be entitled to collect and retain any amount hereunder in excess of its Losses.
No Duplication of Remedies. In no event shall either Party be entitled to duplicate compensation with respect to any claims or any breach of representation, warranty or agreement herein asserted under the terms of this Agreement, even though such claim or breach may be addressed by more than one provision of this Agreement.
No Duplication of Remedies. In no event shall either Buyer, on the one hand, or Sellers, on the other hand, be entitled to duplicate compensation with respect to any claims or any breach of representation, warranty or agreement herein asserted under the terms of this Purchase Agreement, even though such claim or breach may be addressed by more than one provision of this Purchase Agreement. For avoidance of doubt, no Losses may be claimed under this Article 11 by any Indemnifying Party to the extent such Losses are included in the calculation of any adjustment to the Purchase Price pursuant to Article 2. Any indemnification provided pursuant to this Purchase Agreement shall not be duplicative of any indemnification provided pursuant to the Omnibus Agreement.
No Duplication of Remedies. In no event shall any Indemnified Person be entitled to duplicate compensation with respect to any claims for any breach of representation, warranty, covenant or other obligation under this Agreement. For the avoidance of doubt, no Losses may be claimed under this Article VIII by any Indemnified Person to the extent such Losses are included in the calculation of any adjustment to the Merger Consideration pursuant to Article II.
No Duplication of Remedies. To the extent any Party may have more than one remedy for any Losses incurred by it, it may pursue all available remedies, but in no event shall any Indemnified Party be entitled to duplicate compensation with respect to any claims for any breach of, or inaccuracy in, any representation or warranty made by the other Party in this Agreement, or any breach or violation of any covenant, obligation, or agreement in the performance of this Agreement.
No Duplication of Remedies. The amount of any Liabilities to which any Indemnified Party is entitled hereunder shall be determined without duplication of any other recovery hereunder in respect of such Liabilities and, in furtherance of the foregoing, the Parties acknowledge and agree that (i) to the extent any matter results in the breach of more than one representation or warranty of a Party hereunder, the applicable Indemnified Parties shall only be entitled to a single recovery of the applicable Liabilities arising out or resulting from such matter and (ii) neither Party shall have any obligation or liability under this Section 11 with respect to any amount to the extent such amount has already been taken into account and applied as an adjustment to the Consideration hereunder.
No Duplication of Remedies. In no event shall either Seller or Buyer be entitled to duplicate compensation with respect to any claims or any breach of a representation, warranty, covenant or agreement herein asserted under the terms of this Agreement, even though such claim or breach may be addressed by more than one provision of this Agreement.
No Duplication of Remedies. A Party shall not be liable to the other Party except as provided for herein, for any misrepresentation herein, pursuant hereto or with respect hereof or for breach of any warranty or covenant herein in the event that, with respect to the subject of the misrepresentation or breach of warranty or covenant, provision is made herein for indemnity by one Party to the other Party or for adjustment by one Party in favour of the other Party or for another specific right or remedy.
No Duplication of Remedies. In no event shall either Party be entitled to duplicate compensation with respect to any Claim or breach of representation, warranty or agreement asserted under the terms of this Agreement, even though such Claim or breach may be addressed by more than one provision of this Agreement. Non-Environmental Claims and Environmental Claims are excluded from Charges, which are adjusted between the Parties in accordance with the terms of Article 6. Payments for Claims under Article 8 shall not effect allocations of Charges and Operating Revenues under Article 6 and allocations of Charges and Operating Revenues under Article 6 shall not effect payments for Claims under Article 8. For the avoidance of doubt, Buyer's claims for indemnification under this Agreement are limited to Seller's ownership interest in the asset giving rise to such a claim.
