No Duplication. 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.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Phoenix Footwear Group Inc), Stock Purchase Agreement (Phoenix Footwear Group Inc), Equity Purchase Agreement (Primus Telecommunications Group Inc)
No Duplication. 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. In this regard, there shall be no duplication of recovery under Article VII.
Appears in 8 contracts
Samples: LLC Interest Transfer Agreement (NGL Energy Partners LP), LLC Interest Transfer Agreement, Contribution Agreement (NGL Energy Partners LP)
No Duplication. Any liability for indemnification hereunder under this Agreement shall be determined without duplication of recovery by reason of the state of facts giving rise to such liability constituting a breach or violation of more than one representation, warranty, covenant or agreement.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Emerald Oil, Inc.), Securities Purchase Agreement (PostRock Energy Corp), Securities Purchase Agreement (PostRock Energy Corp)
No Duplication. Any liability for indemnification hereunder under this Article VII 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.
Appears in 6 contracts
Samples: Exchange Agreement (Ada-Es Inc), Exchange Agreement (Advanced Emissions Solutions, Inc.), Exchange Agreement (Advanced Emissions Solutions, Inc.)
No Duplication. Any liability Liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts giving rise to such liability Liability constituting a breach of more than one representation, warranty, covenant or agreement.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Stewart & Stevenson Services Inc), Asset Purchase Agreement (Stewart & Stevenson LLC), Asset Purchase Agreement (Stewart & Stevenson LLC)
No Duplication. Any liability for indemnification hereunder under this Agreement shall be determined without duplication of recovery by reason of due to the state of facts giving rise to such liability constituting a breach of more than one representation, warranty, covenant or agreement.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Recro Pharma, Inc.), Purchase and Sale Agreement (Alkermes Plc.), Purchase and Sale Agreement (Alkermes Plc.)
No Duplication. Any liability Liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts giving rise to such liability Liability constituting a breach Breach of more than one representation, warranty, covenant or agreement.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Stewart & Stevenson Services Inc), Asset Purchase Agreement (Cotelligent Inc), Asset Purchase Agreement (Cotelligent Inc)
No Duplication. 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 agreementagreement or more than one right to indemnification.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Interlink Electronics Inc), Asset Purchase Agreement (155 East Tropicana, LLC), Agreement for the Purchase and Sale of Assets (Synalloy Corp)
No Duplication. 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 agreementagreement herein.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Summit Midstream Partners, LP), Purchase and Sale Agreement (Markwest Energy Partners L P), Purchase and Sale Agreement (Summit Midstream Partners, LP)
No Duplication. 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. In this regard, there shall be no duplication of recovery under Article III and/or Article IV.
Appears in 3 contracts
Samples: Share Purchase Agreement (Ultralife Corp), Stock Purchase Agreement (Ultralife Corp), Share Purchase Agreement (Ultralife Corp)
No Duplication. Any liability for indemnification hereunder pursuant to this Article VII shall be determined without duplication of recovery by reason of the state of facts giving rise to such liability constituting a breach Breach of more than one representation, warranty, covenant or agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Coinstar Inc), Stock and Interest Purchase Agreement (Coinstar Inc)
No Duplication. 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. In this regard, there shall be no duplication of recovery under Article VIII and this Article IX.
Appears in 2 contracts
Samples: Management Services Agreement (Kimbell Royalty Partners, LP), Management Services Agreement (Kimbell Royalty Partners, LP)
No Duplication. 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. In this regard, there shall be no duplication of recovery under Article VIII and this ARTICLE IX.
Appears in 2 contracts
Samples: Contribution Agreement (Remora Royalties, Inc.), Assignment and Assumption Agreement (Remora Royalties, Inc.)
No Duplication. (a) 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.
Appears in 1 contract
No Duplication. Any liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts (i) giving rise to such liability constituting a breach of more than one representation, warranty, covenant or agreement, or (ii) being taken into account in determining any adjustment to the Cash Consideration pursuant to Section 1.6 and 1.7.
Appears in 1 contract
Samples: Purchase Agreement (Geokinetics Inc)
No Duplication. Any No liability for indemnification hereunder --------------- shall be determined without to result in 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 agreementagreement or previously resulting in a purchase price adjustment.
Appears in 1 contract
Samples: Purchase Agreement (National Equipment Services Inc)
No Duplication. 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. In this regard, there shall be no duplication of recovery under this ARTICLE XI.
Appears in 1 contract
Samples: Asset Purchase Agreement (Magnum Hunter Resources Corp)
No Duplication. 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.
Appears in 1 contract
