No Multiple Recovery Sample Clauses
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 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. 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.
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 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. 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. Notwithstanding that a fact or set of facts could give rise to a claim under this Agreement, the License Agreement and/or the Support Agreement, no party to this Agreement shall be entitled to more than a single recovery in connection with such facts or set of facts. Nothing herein or in the License Agreement or the Support Agreement, however, shall limit the ability of a party to bring an action under one or more of such agreements
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 Xxxxx, 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.