Common use of No Duplication of Payments Clause in Contracts

No Duplication of Payments. The Corporation shall not be liable under this Agreement to make any payment otherwise due and payable to the extent Indemnitee has otherwise actually received payment (whether under the Charter or the bylaws of the Corporation or of any Subsidiary, the D & O Insurance or otherwise) of any amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable to the extent Indemnitee has otherwise actually received payment (whether under the Charter Certificate of Incorporation or the bylaws Bylaws of the Corporation or of any SubsidiaryCompany, the D & O D&O Insurance or otherwise) of any amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable to the extent Indemnitee has otherwise actually received payment (whether under the Charter certificate of incorporation or the bylaws of the Corporation or of any SubsidiaryCompany, the D & O D&O Insurance or otherwise) of any amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable to the extent Indemnitee has otherwise actually received payment (whether under the Charter Certificate of Incorporation or the bylaws Bylaws of the Corporation or of any SubsidiaryCompany, the D & O Insurance or otherwise) of any amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable to the extent the Indemnitee has otherwise actually received payment (whether under the Charter or the bylaws Company's Certificate of the Corporation or of Incorporation, By-laws, any Subsidiary, the D & O Insurance directors' and officers' liability insurance or otherwise) of any amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation Company shall not be liable under -------------------------- this Agreement to make any payment otherwise due and payable to the extent Indemnitee has otherwise actually received payment (whether under the Charter Certificate of Incorporation or the bylaws Bylaws of the Corporation or of any SubsidiaryCompany, the D & O Insurance or otherwise) of any amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation shall not be liable under this Agreement to make any payment otherwise due and payable to the extent Indemnitee has otherwise actually received payment (whether under the Charter or the bylaws of the Corporation or of any Subsidiaryinsurance policy, the D & O Insurance Bylaw or otherwise) of any the amounts otherwise due and payable indemnifiable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable to the extent Indemnitee has otherwise actually received payment (whether under the Charter or the bylaws of the Corporation or of any Subsidiaryinsurance policy, the D & O Insurance Bylaw or otherwise) of any the amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnifiedindemnifiable hereunder.

No Duplication of Payments. The Corporation Company shall not be liable --------------------------- under this Agreement to make any payment otherwise due and payable to the extent Indemnitee has otherwise actually received payment (whether under the Charter Certificate of Incorporation or the bylaws Bylaws of the Corporation or of any SubsidiaryCompany, the D & O Insurance or otherwise) of any amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment of amounts otherwise due indemnifiable under this Agreement if, and payable to the extent that, Indemnitee has otherwise actually received such payment (whether under any contract, agreement or insurance policy, the Charter or the bylaws Articles of Association of the Corporation or of any SubsidiaryCompany, the D & O Insurance or otherwise) of any amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable to the Indemnitee in respect of any liability or expenses to the extent the Indemnitee has otherwise actually received payment (whether under the Charter or the bylaws of the Corporation or of any SubsidiaryCertificate, the D & O Insurance Bylaws, or otherwise) any law, statute, rule, agreement, insurance policy, or otherwise in respect of any amounts such liability or expenses otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnifiedindemnifiable hereunder.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (whether under the Charter or the bylaws of the Corporation or of any Subsidiaryinsurance policy, the D & O Insurance Charter, Company bylaws or otherwise) of any the amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnifiedindemnifiable hereunder.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (whether under the Charter or the bylaws of the Corporation or of any Subsidiaryinsurance policy, the D & O Insurance Charter, the Bylaws or otherwise) of any the amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnifiedindemnifiable hereunder.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable in connection with any claim made against the Indemnitee to the extent Indemnitee that the Indemitee has otherwise actually received payment (whether under the Charter or the bylaws of the Corporation or of any Subsidiaryinsurance policy, the D & O Insurance Bylaw, or otherwise) of any the amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnifiedindemnifiable hereunder.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable to the extent the Indemnitee has otherwise actually received payment (whether under the Charter or the bylaws Company's Restated Certificate of the Corporation or of Incorporation, By-laws, any Subsidiary, the D & O Insurance directors' and officers' liability insurance or otherwise) of any amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation Company shall not be liable -------------------------- under this Agreement to make any payment otherwise due and payable to the extent Indemnitee has otherwise actually received payment (whether under the Charter Certificate of Incorporation or the bylaws Bylaws of the Corporation or of any SubsidiaryCompany, the D & O Insurance or otherwise) of any amounts otherwise due sue and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable to the extent Indemnitee has otherwise actually received payment (whether under the Charter or the bylaws of the Corporation or of any Subsidiaryinsurance policy, the D & O Insurance Bylaw or otherwise) of any the amounts otherwise due and payable indemnifiable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable in connection with any Proceeding to the extent the Indemnitee has otherwise actually received payment (whether under the Charter or the bylaws of the Corporation or of any Subsidiaryinsurance policy, the D & O Insurance Bylaws, Company by-laws or otherwise) of any the amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnifiedindemnifiable hereunder.

No Duplication of Payments. The Corporation Company shall not be liable under this Agreement to make any payment otherwise due and payable to the extent the Indemnitee has otherwise actually received payment (whether under the Charter Certificate of Incorporation or the bylaws Bylaws of the Corporation or of any SubsidiaryCompany, the D & O D&O Insurance or otherwise) of any amounts otherwise due and payable under this Agreement, except to the extent the aggregate of Losses and Expenses to be indemnified exceeds the Losses and Expenses for which Indemnitee has been indemnified.