Loss Otherwise Compensated. 11.1 The Seller shall not be liable to a Purchaser 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 that Purchaser; or (b) the Claim is recoverable under any insurance policy. 11.2 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 is actually saved as a result of the Loss which is the subject of the Claim).
Appears in 2 contracts
Sources: Share Sale and Purchase Agreement, Share Sale and Purchase Agreement (Kosmos Energy Ltd.)