Common use of Loss Otherwise Compensated Clause in Contracts

Loss Otherwise Compensated. 12.1 Each Seller shall not be liable for any Claim to the extent that: (a) the matter giving rise to such Claim has been (or is capable of being) made good or is (or is capable of being) otherwise compensated for without loss to the Purchaser; or (b) the Claim is recoverable under any insurance policy other than the W&I Policy (or would have been recoverable had the Purchaser’s Group maintained in force insurance cover for the Group similar to that in force at Completion). 12.2 In assessing a Claim, corresponding savings by, or net benefits to, the Purchaser’s Group shall be taken into account (including the amount by which Taxation may be reduced as a result of any liability).

Loss Otherwise Compensated. 12.1 Each 10.1 The Seller shall not be liable for any Claim to the extent that: (a) the matter giving rise to such Claim has been (or is capable of being) made good or is (or is capable of being) otherwise compensated for without loss to the Purchaser; or (b) the Claim is recoverable under any insurance policy other than the W&I Policy (or would have been recoverable had the Purchaser’s Group maintained in force insurance cover for the Group similar to that in force at Completion)Policy. 12.2 10.2 In assessing a ClaimClaim (other than a claim under the Tax Covenant), corresponding savings by, or net benefits to, the Purchaser’s Group shall be taken into account (including the amount by which Taxation may be reduced as a result of any liability).