No Duplication. Any Liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts giving rise to such Liability constituting a breach of more than one representation, warranty, covenant or agreement.
Appears in 5 contracts
Sources: Transaction Agreement (Titanium Healthcare, Inc.), Asset Purchase Agreement (Stewart & Stevenson LLC), Asset Purchase Agreement (Stewart & Stevenson LLC)
No Duplication. Any Liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts giving rise to such Liability constituting a breach Breach of more than one representation, warranty, covenant or agreement.
Appears in 4 contracts
Sources: Asset Purchase Agreement (Cotelligent Inc), Asset Purchase Agreement (Stewart & Stevenson Services Inc), Asset Purchase Agreement (Cotelligent Inc)
No Duplication. Any Liability liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts giving rise to such Liability liability constituting a breach of more than one representation, warranty, covenant or agreementagreement herein.
Appears in 3 contracts
Sources: Purchase and Sale Agreement (Summit Midstream Partners, LP), Purchase and Sale Agreement (Summit Midstream Partners, LP), Purchase and Sale Agreement (Markwest Energy Partners L P)
No Duplication. Any Liability liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts giving rise to such Liability liability constituting a breach of more than one representation, warranty, covenant or agreementagreement or more than one right to indemnification.
Appears in 3 contracts
Sources: Purchase and Sale Agreement (Synalloy Corp), Asset Purchase Agreement (155 East Tropicana, LLC), Asset Purchase Agreement (Interlink Electronics Inc)
No Duplication. Any Liability liability for indemnification hereunder shall be determined without duplication of recovery by any reason of the state of facts giving rise to such Liability liability constituting a breach of more than one representation, warranty, covenant or agreementagreement herein.
Appears in 1 contract
No Duplication. Any Liability liability for indemnification hereunder shall be determined without duplication of recovery by reason of (i) the state of facts giving rise to such Liability liability constituting a breach of more than one representation, warranty, covenant or agreementagreement or (ii) the liability of the Indemnifying Party or any Affiliate thereof under a Landmark Ancillary Agreement, the Acquisition Agreement or an Ancillary Agreement (as such term is defined in the Acquisition Agreement).
Appears in 1 contract
No Duplication. Any Liability liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts (i) giving rise to such Liability liability constituting a breach of more than one representation, warranty, covenant or agreement, or (ii) being taken into account in determining any adjustment to the Cash Consideration pursuant to Section 1.6 and 1.7.
Appears in 1 contract
Sources: Purchase Agreement (Geokinetics Inc)