No Duplication of Payment. The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable hereunder if and to the extent that Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise.
No Duplication of Payment. The payment of severance benefits under this Section 11 shall be in lieu of, and not in addition to, any payments under Section 10(b).
No Duplication of Payment. Notwithstanding anything to the contrary herein, nothing in this Agreement shall require a Party hereto to make any payment attributable to any indemnification for Taxes or payment of Taxes hereunder, or for any Tax Benefit Attribute, for which payment has previously been made by such Party hereunder.
No Duplication of Payment. Notwithstanding anything to the contrary contained herein, nothing in this Agreement shall require a Company to make any payment attributable to any indemnification for Taxes or payment of Taxes hereunder, or to any Tax Benefit, for which payment has previously been compensated by such Company or another Company hereunder.
No Duplication of Payment. The Corporation shall not be liable under this Agreement to make any payment in connection with any claim made against the Director to the extent the Director has otherwise actually received payment (under any provision of applicable law as then in effect, under any provision of the Certificate of Incorporation or By-Laws of the Corporation or any Affiliate, under any insurance policy or otherwise) of amounts otherwise indemnifiable hereunder.
No Duplication of Payment. Notwithstanding anything to the contrary herein, neither Section 5(a) nor Section 5(b) shall require Subsidiary or Parent, as the case may be, to make any payment pursuant to such section to the extent that the payment is attributable to a tax attribute for which payment has previously been made pursuant to Section 4.
No Duplication of Payment. Notwithstanding anything to the contrary herein, nothing in this Agreement shall require Ashland Global or Valvoline, as the case may be, to make any payment to the extent that the payment is attributable to a Tax Attribute, Return Item or any other amount for which payment has previously been made under this Agreement.
No Duplication of Payment. For clarity, the payment of severance benefits under this Article III.C. shall be in lieu of, and not in addition to, any payments under Article III.B.(ii).
No Duplication of Payment. Notwithstanding anything to the contrary herein, nothing in this Agreement shall require J&J or Kenvue, as the case may be, to make any payment to the extent that the payment is attributable to a Tax Attribute, Return Item or any other amount for which the applicable Party or its Affiliate has previously made a payment under this Agreement, the Separation Agreement or any of the Ancillary Agreements.
No Duplication of Payment. Section 21 is hereby amended by adding, after the phrase "Section 7 hereof" the following: "or the payment made pursuant to Section 2.01(d) of the Refunding Agreement (with respect to the income attributable to the payment pursuant to Section 2.01(c) of the Refunding Agreement). For the avoidance of doubt, the parties confirm that Section 4 hereof shall have no application to any payments made pursuant to the Refunding Agreement or any tax benefits arising therefrom".
