No Multiple Recoveries. 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 or covenant.
No Multiple Recoveries. (a) Notwithstanding anything herein to the contrary, in the event any Party (or any other indemnitee) is entitled to a payment or other benefit under more than one provision of this Agreement arising out of or resulting from the same set of facts or circumstances and such Person has already been made whole by payment or another benefit under one of those provisions, in no event shall such Person be entitled to receive a subsequent payment or benefit under any other provision of this Agreement. In furtherance of the foregoing, any liability for indemnification hereunder shall be without duplication (i.e., without allowing the claiming Party (or other indemnitee) to receive more than its Damages) by reason of the state of facts giving rise to such liability constituting a breach of more than one representation, warranty, covenant or agreement.
No Multiple Recoveries. Notwithstanding anything contained in this Agreement to the contrary, there shall be no multiple recoveries for breach of any representation, warranty or covenant or under any indemnity provision contained in this Agreement or such other documents to be executed and delivered at Closing as provided for in this Agreement related to the same act, event or circumstance.
No Multiple Recoveries. No Indemnified Party shall be entitled to recover from the Indemnifying Party more than once for any particular Loss, nor shall the Indemnifying Party be liable or otherwise obligated to indemnify any or all Indemnified Parties for the same Loss more than once and there shall be no double counting. For the avoidance of doubt it is expressly agreed that no Seller shall be liable for any Losses which are categorised as Company Transaction Expenses for the purposes of determination of the Closing Total Indebtedness.
No Multiple Recoveries. No Indemnitee shall be entitled to recover from the Company more than once for any particular Loss, nor shall the Company be liable or otherwise obligated to indemnify any or all Indemnitees for the same Loss more than once (i.e., no double counting).
No Multiple Recoveries. 55 20.9 Successors and Assigns.........................................55 20.10 Headings.......................................................55 20.11
No Multiple Recoveries. Notwithstanding anything herein to the contrary, in the event Buyer (or any other Buyer Indemnified Party) is entitled to a payment or other benefit under more than one provision of this Agreement arising out of or resulting from the same set of facts or circumstances and Buyer (or any other Buyer Indemnified Party) has already received payment or otherwise received a benefit under one of those provisions, in no event shall Buyer (or any other Buyer Indemnified Party) be entitled to receive a subsequent payment or benefit under any other provision of this Agreement in duplication of such prior payment or benefit. For purposes of illustration (and without limiting the generality of the foregoing), if a set of facts constitutes a breach of a representation and warranty and gives rise to a Loss for which the Shareholders have agreed to indemnify the Buyer Indemnified Parties under this Agreement but a portion of such Loss was previously taken into account in the determination of Closing Net Worth, then neither Buyer nor any other Buyer Indemnified Party shall be permitted to claim any right to indemnification pursuant to this Section 6 with respect to such Loss, to the extent such Loss was previously taken into account in the determination of Closing Net Worth. In furtherance of the foregoing, 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.
No Multiple Recoveries. 53 11.9 INDEMNIFICATION REPRESENTATIVE..............................53
No Multiple Recoveries. Matters which are indemnifiable hereunder both due to a breach of a representation or warranty and otherwise as provided herein shall not give rise to separate recovery by the Indemnified Party.
No Multiple Recoveries. Notwithstanding the fact that an event, fact or circumstance may constitute a violation of one or more of the provisions of this Agreement, in no event shall a party seek or obtain multiple recovery for the same Loss.
