No Duplication; Exclusive Remedy. Any Liability for indemnification hereunder or under any Transaction Agreement shall be determined without duplication of recovery by reason of the same Loss. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PROVIDE AN INDEMNITY OR OTHER RECOVERY FOR ANY COSTS, DAMAGES, OR OTHER AMOUNTS FOR WHICH THE DAMAGED PARTY HAS BEEN FULLY COMPENSATED UNDER ANY OTHER PROVISION OF THIS AGREEMENT OR UNDER ANY OTHER TRANSACTION AGREEMENT OR ACTION AT LAW OR EQUITY. UNLESS EXPRESSLY REQUIRED IN THIS AGREEMENT, A PARTY SHALL NOT BE REQUIRED TO EXHAUST ALL REMEDIES AVAILABLE UNDER OTHER AGREEMENTS OR AT LAW OR EQUITY BEFORE RECOVERING UNDER THE REMEDIES PROVIDED IN THIS AGREEMENT.
Appears in 4 contracts
Sources: Administrative Services Agreement (Guardian Separate Account R), Administrative Services Agreement (Guardian Separate Account R), Administrative Services Agreement (Guardian Separate Account R)