No Duplicative Recovery. Where substantially the same events or circumstances qualify under one or more single or multiple claims or under one or more provisions of this Agreement, the Indemnified Party seeking indemnification shall not be entitled to double or duplicative recovery of Damages arising out of such events or circumstances, or to calculate its Damages by duplicating or double counting its Damages arising out of such events or circumstances. For the avoidance of doubt, if the Indemnified Party is entitled to bring the claim under more than one provision of this Agreement, such Indemnified Party may choose at its sole and absolute discretion the provision or provisions under which it seeks indemnification.
No Duplicative Recovery. To the extent that Parent and the Seller have an obligation to indemnify the Buyer under this SECTION 10, the amount paid related to Taxes as required by the indemnification obligations set forth in this Section shall not be treated as Buyer Losses for which Parent and the Seller have an indemnification obligation under SECTION 9(B) hereof.
No Duplicative Recovery. Nothing in this Agreement is intended to confer to or grant any Party a duplicative recovery to the extent multiple recoveries are based the same facts and circumstances pursuant to this Agreement by virtue of any provision contained in this Agreement or any Ancillary Agreement., including pursuant to the rights, entitlements, obligations and recoveries that may arise out of Section 5.2 through Section 5.4, and would constitute a windfall to the recovering Party under applicable Law.
No Duplicative Recovery. 39 11. Termination....................................................................................40 (a) Termination of Agreement...................................................................40 (b) Effect of Termination......................................................................40 12. Miscellaneous...........................................................................................40 (a) Press Releases and Public Announcements.................................................40 (b) No Third-Party Beneficiaries............................................................41 (c) Entire Agreement........................................................................41 (d) Succession and Assignment...............................................................41 (e) Counterparts............................................................................41 (f) Headings................................................................................41 (g) Notices.................................................................................41 (h) Governing Law; Venue; Waiver of Jury Trial..............................................42 (i) Amendments and Waivers..................................................................43 (j) Severability............................................................................43 (k) Expenses................................................................................43 (l) Construction............................................................................44 (m) Incorporation of Exhibits and Schedules.................................................44 SCHEDULES AND EXHIBITS
No Duplicative Recovery. No Holder or Beneficial Holder of any Permitted Policy Claim or Insured Obligation shall be entitled to receive consideration on account of such Permitted Policy Claim or Insured Obligation in excess of 100% of the amount of such Permitted Policy Claim or Insured Obligation other than Accretion Amounts.
No Duplicative Recovery. No Holder or Beneficial Holder of any securities insured by a Policy shall be entitled to receive consideration (whether from Payments, Recovery Amounts or other amounts received from any other source) on account of its Permitted Policy Claim that exceeds 100% of the amount of such Permitted Policy Claim, other than Accretion Amounts.
No Duplicative Recovery. Notwithstanding anything to the contrary contained in this Agreement, no Person shall be entitled to recover an amount with respect to Losses pursuant to this Article X to the extent that such Person has already recovered such amount with respect to such Losses pursuant to a different provision of this Agreement or, in the case of Purchaser, to the extent such amount with respect to such Losses was reflected as an adjustment decreasing the Purchase Price in accordance with Section 3.2.
No Duplicative Recovery. The Sellers shall not be required to indemnify any FibroGen Indemnified Party under this Agreement with respect to any Losses if Fortis has paid damages to or indemnified FibroGen or such FibroGen Indemnified Party, as applicable, under the Evaluation Agreement for the same Losses or that relate to the same underlying facts or circumstances. In addition, no Indemnified Party shall be entitled to multiple recovery for any indemnifiable Losses that may have resulted from the breach or inaccuracy of more than one of the representations, warranties, agreements and covenants in this Agreement or that may be recoverable under more than one clause of Section 9.2 or Section 9.3 or that relate to the same underlying facts or circumstances.
No Duplicative Recovery. The Buyer Indemnified Parties (individually and collectively) shall not be entitled to recover from the Seller or the Cash-Out Holders pursuant to this Agreement more than once in respect of the same Losses suffered. No Buyer Indemnified Party shall have any right to indemnification under this ARTICLE X with respect to any Losses to the extent such Losses are specifically recovered pursuant to Section 2.04.
No Duplicative Recovery. Where substantially the same events or circumstances qualify under one or more single or multiple claims or under one or more provisions of this Agreement, the Indemnified Person shall not be entitled to double or duplicative recovery of Losses arising out of such events or circumstances, or to calculate its Losses by duplicating or double counting its Losses arising out of such events or circumstances. For the avoidance of doubt, if the Indemnified Person is entitled to bring the claim under more than one provision of this Agreement, such Indemnified Person may choose at its sole and absolute discretion the provision or provisions under which it seeks indemnification.
