No Duplication. Any liability for indemnification under this ARTICLE IX shall be determined without duplication of recovery. Without limiting the generality of the prior sentence, if a statement of facts, condition or event constitutes a breach of more than one representation, warranty, covenant or agreement which is subject to the indemnification obligation in Section 9.8 or under another Transaction Document, only one recovery of Indemnified Costs per Indemnified Party shall be allowed.
Appears in 9 contracts
Samples: Limited Liability Company Agreement (Vivint Solar, Inc.), Limited Liability Company Agreement (Vivint Solar, Inc.), Limited Liability Company Agreement (Vivint Solar, Inc.)
No Duplication. Any liability for indemnification under this ARTICLE Article IX shall be determined without duplication of recovery. Without limiting the generality of the prior sentence, if a statement of facts, condition or event constitutes a breach of more than one representation, warranty, covenant or agreement which is subject to the indemnification obligation in Section 9.8 or under another Transaction Document9.12, only one recovery of Indemnified Costs per Indemnified Party shall be allowed.
Appears in 7 contracts
Samples: Limited Liability Company Agreement (Bloom Energy Corp), Limited Liability Company Agreement (Bloom Energy Corp), Limited Liability Company Agreement (Bloom Energy Corp)
No Duplication. Any liability for indemnification under this ARTICLE IX Article XI shall be determined without duplication of recovery. Without limiting the generality of the prior sentence, if a statement of facts, condition or event constitutes a breach of more than one representation, warranty, covenant or agreement which is subject to the indemnification obligation in Section 9.8 or under another Transaction Document11.1, only one recovery of Class B Member Indemnified Costs per Indemnified Party shall be allowed.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Ormat Technologies, Inc.), Operation and Maintenance Agreement (Ormat Technologies, Inc.), Limited Liability Company Agreement (Ormat Technologies, Inc.)
No Duplication. Any liability for indemnification under this ARTICLE Article IX shall be determined without duplication of recovery. Without limiting the generality of the prior sentence, if a statement of facts, condition or event constitutes a breach of more than one representation, warranty, covenant or agreement which is subject to the indemnification obligation in Section 9.8 or under another Transaction Document9.10, only one recovery of Indemnified Costs per Indemnified Party shall be allowed.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Bloom Energy Corp), Limited Liability Company Agreement (Bloom Energy Corp)
No Duplication. Any liability for indemnification under this ARTICLE IX Article XI shall be determined without duplication of recovery. Without limiting the generality of the prior sentence, if a statement of facts, condition or event constitutes a breach of more than one representation, warranty, covenant or agreement which is subject to the indemnification obligation in Section 9.8 or under another Transaction Document11.1, only one recovery of Class B Member Indemnified Costs per Indemnified Party shall be allowed.. Section 11.7
Appears in 1 contract
Samples: Operation and Maintenance Agreement
