Common use of Overlapping Provisions Clause in Contracts

Overlapping Provisions. Except as provided in the last sentence of Section 3.15, in the parenthetical at the end of clause (i) in the last sentence of Section 9.3(a) or in the last sentence of Section 6.14(c), where (i) more than one representation in this Agreement is breached or otherwise rendered inaccurate or incomplete by virtue of an event or occurrence; (ii) more than one covenant or other provision hereunder is breached or violated by a party's action or failure to act; or (iii) more than one indemnification provision herein is by its terms applicable to any litigation, event, occurrence, action, failure to act or other breach, the party seeking indemnification or another remedy hereunder shall be entitled to proceed under any applicable provision hereunder, and to obtain any indemnification or remedy available thereunder, regardless of whether the indemnification or remedy available thereunder would not have been available, or would have been available to a lesser extent or in a lesser amount, under another provision relating thereto. No party shall be entitled under this Section 9.8 or any other provision of this Agreement to obtain duplicative indemnification or remedies.

Overlapping Provisions. Except as provided in the last sentence of Section 3.15, in the parenthetical at the end of clause (i) in the last sentence of Section 9.3(a) or in the last sentence of Section 6.14(c6.13(c), where (i) more than one representation in this Agreement is breached or otherwise rendered inaccurate or incomplete by virtue of an event or occurrence; (ii) more than one covenant or other provision hereunder is breached or violated by a party's action or failure to act; or (iii) more than one indemnification provision herein is by its terms applicable to any litigation, event, occurrence, action, failure to act or other breach, the party seeking indemnification or another remedy hereunder shall be entitled to proceed under any applicable provision hereunder, and to obtain any indemnification or remedy available thereunder, regardless of whether the indemnification or remedy available thereunder would not have been available, or would have been available to a lesser extent or in a lesser amount, under another provision relating thereto. No party shall be entitled under this Section 9.8 or any other provision of this Agreement to obtain duplicative indemnification or remedies.