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. In this regard, there shall be no duplication of recovery under Article VII.
Appears in 10 contracts
Samples: LLC Interest Transfer Agreement, LLC Interest Transfer Agreement, LLC Interest Transfer Agreement
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. In this regard, there shall be no duplication of recovery under Article VII.
Appears in 9 contracts
Samples: Equity Purchase Agreement (Primus Telecommunications Group Inc), Stock Purchase Agreement (At&t Inc.), Membership Interests Purchase Agreement (MMC Energy, Inc.)
No Duplication. Any liability for indemnification hereunder under this Agreement shall be determined without duplication of recovery by reason of the state of facts giving rise to such liability constituting a breach or violation of more than one representation, warranty, covenant or agreement. In this regard, there shall be no duplication of recovery under Article VII.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Emerald Oil, Inc.), Securities Purchase Agreement (Emerald Oil, Inc.), Securities Purchase Agreement (Emerald Oil, Inc.)
No Duplication. Any liability for indemnification hereunder under this Article VII 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. In this regard, there shall be no duplication of recovery under Article VII.
Appears in 6 contracts
Samples: Exchange Agreement (Advanced Emissions Solutions, Inc.), Exchange Agreement (Advanced Emissions Solutions, Inc.), Exchange Agreement (Advanced Emissions Solutions, 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 agreement. In this regard, there shall be no duplication of recovery under Article VII.
Appears in 5 contracts
Samples: Transaction Agreement (Titanium Healthcare, Inc.), Asset Purchase Agreement (Stewart & Stevenson Services Inc), Asset Purchase Agreement (Stewart & Stevenson LLC)
No Duplication. Any liability for indemnification hereunder under this Article VIII 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. In this regard, For and in respect of the same matter or amount there shall be no duplication of recovery under Article VIIin recovery.
Appears in 3 contracts
Samples: Asset Purchase Agreement (American Tire Distributors Holdings, Inc.), Asset Purchase Agreement (American Tire Distributors Holdings, Inc.), Asset Purchase Agreement (American Tire Distributors Holdings, Inc.)
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. In this regard, there shall be no duplication of recovery under Article VIIIII and/or Article IV.
Appears in 3 contracts
Samples: Share Purchase Agreement (Ultralife Corp), Share Purchase Agreement (Ultralife Corp), Stock Purchase Agreement (Ultralife Corp)
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. In this regard, there shall be no duplication of recovery under Article VIIVIII and this ARTICLE IX.
Appears in 2 contracts
Samples: Contribution, Conveyance, Assignment and Assumption Agreement (Remora Royalties, Inc.), Contribution, Conveyance, Assignment and Assumption Agreement (Remora Royalties, Inc.)
No Duplication. Any liability for indemnification hereunder pursuant to this Article VII 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. In this regard, there shall be no duplication of recovery under Article VII.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Coinstar Inc), Stock and Interest Purchase Agreement (Coinstar Inc)
No Duplication. Any liability for indemnification hereunder under this Article IX 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. In this regard, For and in respect of the same matter or amount there shall be no duplication of recovery under Article VIIin recovery.
Appears in 2 contracts
Samples: Asset Purchase Agreement (American Tire Distributors Holdings, Inc.), Asset Purchase Agreement (American Tire Distributors Holdings, Inc.)
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. In this regard, there shall be no duplication of recovery under Article VIIVIII and this Article IX.
Appears in 2 contracts
Samples: Contribution, Conveyance, Assignment and Assumption Agreement (Kimbell Royalty Partners, LP), Contribution, Conveyance, Assignment and Assumption Agreement (Kimbell Royalty Partners, LP)
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. In this regard, there shall be no duplication of recovery under Article VII.IX and Article X.
Appears in 1 contract
Samples: Contribution, Purchase and Sale Agreement (NGL Energy Partners LP)
No Duplication. Any liability for indemnification hereunder pursuant to this Article VII shall be determined without duplication of recovery by reason of to the state of extent that the facts giving rise to such liability constituting constitute a breach Breach of more than one representation, warranty, covenant or agreement. In this regard, there shall be no duplication of recovery under Article VII.
Appears in 1 contract
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. In this regard, there shall be no duplication of recovery under Article VIIthis ARTICLE XI.
Appears in 1 contract
Samples: Asset Purchase Agreement (Magnum Hunter Resources Corp)
No Duplication. Any liability for indemnification hereunder under Article XI and Article XII 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. In this regard, agreement.for and in respect of the same matter or amount there shall be no duplication of recovery under Article VIIin recovery.
Appears in 1 contract
Samples: Share Purchase Agreement (American Tire Distributors Holdings, Inc.)
No Duplication. Any liability for indemnification hereunder under this Article XI and Article XII 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. In this regard, For and in respect of the same matter or amount there shall be no duplication of recovery under Article VIIin recovery.
Appears in 1 contract
Samples: Share Purchase Agreement (American Tire Distributors Holdings, Inc.)
No Duplication. Any liability for indemnification hereunder under this Article VIII and Article IX 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. In this regard, For and in respect of the same matter or amount there shall be no duplication of recovery under Article VIIin recovery.
Appears in 1 contract
Samples: Share Purchase Agreement (Century Casinos Inc /Co/)
