Double Recovery definition

Double Recovery means (1) any Third-Party Reimbursement of any of the money being paid by the United States pursuant to this Consent Decree, and/or (2) any compensation of any kind for costs incurred or to be incurred by Dow in connection with, or Natural Resource Damages resulting from, any release or threatened release of a hazardous substance or any discharge of oil at or from the Midland Facility (other than the money being paid pursuant to this Consent Decree), paid by the United States to Dow or “Affiliated Contractors,” as defined in Subparagraph 38.g, including, but not limited to, direct payments, Federal Contract payments or credits, and the compromise of any claims, causes of action, suits, or demands of any kind whatsoever in law or in equity for such response costs or Natural Resource Damages, whether asserted against the United States or other persons or entities.
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Double Recovery is defined as any collateral funds that the Settling LDWG Parties, collectively or any of them, receive from any source that would pay for or reimburse one or more of the Settling LDWG Parties for part or all of the Funding Party’s FAR share of Response Costs paid or to be paid under the Decree, such that the Settling LDWG Parties would be reimbursed twice for part or all of the Funding Party’s share of costs absent an offset. Provided, however, that the following sources of funds shall not be considered double recovery: (i) MTCA grants issued to the County and/or City; (ii) King County’s insurance recovery; (iii) funds the City received in settlement of its lawsuit against Monsanto, et al., Case No. 2-16-cv-00107 RAJ (W.D. WA.); (iv) funds the County has or will receive in settlement of City of Long Beach v.
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Double Recovery means (1) any Third-Party Reimbursement of any of the money being paid by the United States pursuant to this Consent Decree, and/or (2) any compensation of any kind for GD-OTS’ Response Costs that are paid by the United States to a Settling Private Party or Affiliated Contractors, including, but not limited to, direct payments, Federal Contract payments or credits, and the compromise of any claims, causes of action, suits, or demands of any kind whatsoever in law or in equity for GD-OTS’ Response Costs, whether asserted against the United States or other persons or entities, but not including money being paid pursuant to this Consent Decree.
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Examples of Double Recovery in a sentence

  • Section 10.1 Conflicting Agreements 28 Section 10.2 Termination 28 Section 10.3 Interest on Late Payments 28 Section 10.4 Specific Performance 28 Section 10.5 Successors 29 Section 10.6 Application to Present and Future Subsidiaries 29 Section 10.7 Assignability 29 Section 10.8 No Fiduciary Relationship 29 Section 10.9 No Duplication; No Double Recovery.

  • The following provisions of the Separation and Distribution Agreement are hereby incorporated by reference mutatis mutandis: Article IX (Dispute Resolution), Section 11.1 (Complete Agreement; Construction), Section 11.3 (Counterparts), Section 11.7 (Waivers), Section 11.8 (Amendments), Section 11.9 (Assignment), Section 11.10 (Successors and Assigns), Section 11.15 (Title and Headings), Section 11.19 (Severability), and Section 11.20 (No Duplication; No Double Recovery).

  • General Provisions 21 17.01 No Double Recovery 21 17.02 Entire Agreement 21 17.03 Choice of Law 21 17.04 Amendment 21 17.05 Waiver 21 17.06 Partial Invalidity 21 17.07 Execution in Counterparts 21 17.08 Successors and Assigns 21 17.09 Notices 22 17.10 No Reliance on Other Company 22 17.11 Performance 22 This TAX ALLOCATION AGREEMENT (this “Agreement”) is entered into as of [__________], by and between Ralcorp Holdings, Inc., a Missouri corporation (“Ralcorp”), and Post Holdings, Inc.

  • Article VIII (Dispute Resolution) and Section 10.1 (Survival of Agreements), Section 10.7 (Termination), Section 10.9 (No Set-Off), Section 10.10 (No Circumvention), Section 10.11 (Subsidiaries), Section 10.12 (Third Party Beneficiaries), Section 10.17 (Specific Performance), Section 10.20 (Authorization) and Section 10.21 (No Duplication; No Double Recovery) of the SDA are each incorporated herein by reference, mutatis mutandis.

  • The Settling Funding Party shall be able to reasonably dispute: (a) whether invoiced costs constitute Response Costs, including whether they are necessary and consistent with the National Contingency Plan; (b) whether a Double Recovery has occurred; (c) whether the Settling Funding Party’s FAR Share of the invoiced costs has been calculated correctly; and (d) whether there are mathematical errors or other mistakes in an invoice, such as double-counting of costs.

  • Any exercise by either Party of its rights under this Clause 21.19 (Set-off and Double Recovery) shall not limit or affect any other rights or remedies available to it under this Agreement or any Center License Agreement or otherwise.

  • The matters set forth in Sections 5.4 (Procedures for Third Party Claims), 5.5 (Procedures for Direct Claims), 5.6 (Cooperation in Defense and Settlement), 5.7 (Indemnification Payments), 5.8 (Indemnification Obligations Net of Insurance Proceeds and other Amounts), and 5.11 (No Duplication; No Double Recovery) of the Separation and Distribution Agreement are hereby incorporated by reference into this Agreement, and shall apply mutatis mutandis to the indemnification provided pursuant to this ARTICLE V.

  • Clauses 15.6 (No Double Recovery and No Double Counting), 15.7 (Specific Performance), 26 (Further Assurances), 32 (Notices), 35 (Waivers, Rights and Remedies), 36 (Counterparts), 37 (Variations), 38 (Invalidity), 39 (No Third Party Enforcement Rights) and 40 (Governing Law) and of the Separation Agreement are hereby incorporated by reference into this Agreement, mutatis mutandis.

  • Any exercise by either Party of its rights under this Clause 23.19 (Set-off and Double Recovery) shall not limit or affect any other rights or remedies available to it under this Agreement or any of the other Project Agreements or otherwise.

  • No Double Recovery; No Limitation 15 TABLE OF CONTENTS (continued) Page ARTICLE VII TERM AND TERMINATION 15 Section 7.01.


More Definitions of Double Recovery

Double Recovery means: any compensation of any kind (including but not limited to, any direct payments, Federal Contract payments or credits, and the compromise of any claims, causes of action, suits, or demands of any kind whatsoever in law or equity for Resolved Costs asserted against the United States) for Resolved Costs provided by the United States to SD or its Affiliated Contractors, other than the payment by the United States, on behalf of the SFA, pursuant paragraph 36.a of this Consent Decree.
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Double Recovery means the recovery or receipt by a party of any reimbursement or compensation for any particular Loss, or recovery upon any particular claim, in respect of any particular set of facts, events, conditions or circumstances to the extent such party has already recovered or received the full value of any such reimbursement or compensation for such particular Loss, or recovery upon such particular claim, in respect of such particular set of facts, events, conditions or circumstances.
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Related to Double Recovery

  • Cost recovery means collection, upon approval by the commission pursuant to its authority under section 4909.15 of the Revised Code, of such documented EDU interconnection costs that are incurred at reasonable levels for prudent purposes and that are over and above the review processing fees set forth in rules 4901:1-22-06 to 4901:1-22-08 of the Administrative Code.