Duplication of Recovery. Any Loss for which any Party is entitled to indemnification under Article VII shall be determined without duplication of recovery by reason of the state of facts giving rise to such Loss constituting a breach of more than one representation, warranty, covenant or agreement; provided, however, that the right to indemnification shall not be limited to the extent that the amount of Losses for such state of facts has not previously been recovered. For the avoidance of doubt, any liability included in the calculation of Working Capital shall not constitute a Loss under this Agreement.
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Duplication of Recovery. Any Indemnifiable Loss for which any Indemnified Party hereto is entitled to indemnification under this Article VII XIII shall be determined without duplication of recovery by reason of the state of facts giving rise to such Indemnifiable Loss constituting a breach of more than one representation, warranty, covenant or agreement; provided, however, that the right to indemnification shall not be limited to the extent that the amount of Indemnifiable Losses for such state of facts has not previously been recovered. For the avoidance of doubt, any liability included in the calculation of Working Capital shall not constitute a Loss under this Agreement.
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Sources: Purchase, Use and Maintenance Agreement (Bloom Energy Corp)