No Multiple Recovery Sample Clauses
The No Multiple Recovery clause prevents a party from receiving compensation more than once for the same loss or damage under a contract. In practice, this means that if a party is entitled to recover damages or remedies under multiple provisions or legal theories, they cannot collect more than the actual amount of the loss suffered. For example, if a party is awarded damages for breach of contract and also seeks indemnification for the same loss, the total recovery is capped at the actual loss amount. This clause ensures fairness by avoiding double compensation and eliminates the risk of unjust enrichment.
POPULAR SAMPLE Copied 7 times
No Multiple Recovery. In no event shall Purchaser be obligated to pay (or cause to be paid) the Termination Fee on more than one occasion; provided that payment of the Termination Fee shall be without prejudice to Factor’s right to recover interest and enforcement costs under Section 9.2(b)(vi), and shall not limit Factor’s rights with respect to Fraud or Willful and Material Breach occurring prior to termination.
No Multiple Recovery. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and to the extent that the Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise.
No Multiple Recovery. Cameron shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and to the extent that the Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise.
No Multiple Recovery. No Buyer Indemnified Person shall be entitled to recover any Damages relating to any breach of a representation or warranty or otherwise arising under one provision of this Agreement to the extent that the Buyer Indemnified Person has already recovered Damages with respect to such breach pursuant to another representation, warranty or other provision of this Agreement.
No Multiple Recovery. No Indemnified Person shall be entitled to recover from an Indemnifying Person more than once for any particular Loss, nor shall any Indemnifying Person be liable or otherwise obligated to indemnify any Indemnified Person for the same Loss more than once. If an Indemnifying Person pays to an Indemnified Person all amounts payable under this Agreement in respect of a particular Loss, and the Indemnified Person later recovers an amount for the same Loss pursuant to insurance proceeds or from a third party (as a result of indemnification, contribution, guarantee or otherwise), then the Indemnified Person shall promptly pay to the Indemnifying Person an amount equal to such later recovery (up to the dollar amount paid by the Indemnifying Person to the Indemnified Person in respect of such Loss), net of all reasonable costs (including attorneys’ fees) of the Indemnified Person to collect such proceeds and any increase in insurance premiums resulting from such recovery.
No Multiple Recovery. No party to this Agreement shall be entitled to recover any Loss or amount more than once under this Agreement. For this purpose, recovery by the Buyer or Issuer shall be deemed to be recovery by each of them.
No Multiple Recovery. The Purchasers shall not be entitled to multiple recovery, including in the event any circumstances constitute a breach of more than one representation and warranty or result in an indemnity claim under Clauses 10 or 11.
No Multiple Recovery. No Indemnified Party shall be entitled to recover from an Indemnifying Party more than once for any particular Loss, nor shall any Indemnifying Party be liable or otherwise obligated to indemnify any Indemnified Party for the same Loss more than once.
No Multiple Recovery. (i) To the extent a liability or expense or the omission of an asset is taken into account in determining the merger consideration payable to ▇▇▇▇▇, a corresponding breach of a representation and warranty by reason of such liability, expense, or asset omission does not constitute an Indemnifiable Loss.
(ii) If more than one representation and warranty is breached by the same set of facts, the Indemnifiable Loss is determined by the set of facts and is not affected by the number of representations and warranties breached.
No Multiple Recovery. No Indemnitee will be entitled to recover any Losses relating to any breach arising under one provision of this Agreement to the extent that such Indemnitee has already recovered Losses with respect to such breach according to another provision of this Agreement. In recognition of the Seller’s ownership of the Retained Interest, to the extent that a claim for indemnification by Buyer involves Losses incurred by the Company, then the Seller shall, at the option of Buyer, either (i) pay to the Company the full amount of such indemnifiable Losses or (ii) pay to Buyer an amount equal to (x) the full amount of such indemnifiable Losses multiplied by (y) 0.70.