Common use of No Duplication of Payments Clause in Contracts

No Duplication of Payments. Subject to Section 14, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (EverBank Financial Corp)

No Duplication of Payments. [Subject to Section 1415 hereof, the t]3[T]he Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any contract, agreement, provision of the Certificate of Incorporation Charter and Bylaws or otherwise) otherwise of the amounts otherwise indemnifiable hereunderhereunder (except with respect to any excess beyond the amount paid under such insurance policy, contract, agreement, provision of the Charter and Bylaws or otherwise).

Appears in 1 contract

Sources: Indemnification Agreement (CBS Radio Inc.)

No Duplication of Payments. Subject to [Except as provided in Section 14, 25 below,]2 the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the any Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Certificate, Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Ideal Power Inc.)

No Duplication of Payments. Subject to Section 1414 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee payment has otherwise actually received payment been made to or on behalf of Indemnitee (under any insurance policy, or any provision of the Company’s Certificate of Incorporation or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (OneMain Holdings, Inc.)

No Duplication of Payments. Subject to Section 14, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, policy or any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (DESRI Inc.)

No Duplication of Payments. Subject to Section 1415, the Company shall not be liable under this Agreement to make any payment to Indemnitee in connection with respect of any Claim made against the Indemnitee Losses to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Constituent Documents, Other Indemnity Provisions or otherwise) otherwise of the amounts otherwise indemnifiable by the Company hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Learning Tree International, Inc.)

No Duplication of Payments. Subject to Section 1415(c) hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Select Interior Concepts, Inc.)

No Duplication of Payments. Subject to Section 1413 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee payment has otherwise actually received payment been made by or on behalf of Indemnitee (under any insurance policy, any provision of the Certificate of Incorporation Governing Documents or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Business Combination Agreement (Zanite Acquisition Corp.)

No Duplication of Payments. Subject to Except as otherwise set forth in Section 1416 above, the Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Alj Regional Holdings Inc)

No Duplication of Payments. Subject to Section 1414 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the that Indemnitee has otherwise actually received payment (of such amount otherwise indemnifiable hereunder, whether under any insurance policy, any provision of the Certificate Articles of Incorporation or Regulations, or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Safe Auto Insurance Group, Inc.)

No Duplication of Payments. Subject Except to the extent otherwise provided in Section 14, the Company shall not be liable under this Agreement to make any payment to or on behalf of Indemnitee in connection with any Claim made against the Indemnifiable Amounts incurred by Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, policy or any provision of the Certificate Articles of Incorporation or Bylaws or otherwise) in respect of the amounts otherwise indemnifiable hereundersuch Indemnifiable Amounts.

Appears in 1 contract

Sources: Indemnification Agreement (Gemini Space Station, Inc.)

No Duplication of Payments. Subject to Section 1413 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Company’s Charter and By-Laws, or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (SelectQuote, Inc.)

No Duplication of Payments. Subject to Section 1414 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate Memorandum and Articles of Incorporation Association or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (FTAI Finance Holdco Ltd.)

No Duplication of Payments. Subject to Section 1413 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of Incorporation and Bye-Laws, or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Travelport LTD)

No Duplication of Payments. Subject to [Except as provided in Section 14, the t] [T]he Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent the that Indemnitee has otherwise actually received payment (for such amounts under any insurance policy, any provision of the Certificate of Incorporation contract, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Yodlee Inc)

No Duplication of Payments. Subject to Section 1413 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of Incorporation and Bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Pacific Capital Bancorp /Ca/)

No Duplication of Payments. Subject to Section 1413 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Charter and the By-Laws, or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Guild Holdings Co)

No Duplication of Payments. Subject to Except as otherwise set forth in Section 14, the Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Bylaws, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunderunder this Agreement.

Appears in 1 contract

Sources: Indemnification Agreement (Brooklyn ImmunoTherapeutics, Inc.)

No Duplication of Payments. Subject to Section 14Paragraph 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Company’s Certificate of Incorporation and Bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Gannett Co., Inc.)

No Duplication of Payments. Subject to Section 1414 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate of Incorporation Charter or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Newcastle Investment Corp)

No Duplication of Payments. Subject to Section 1415(e) hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Articles or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Patheon N.V.)

No Duplication of Payments. Subject to the provisions of Section 143(c) above, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the any Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.received

Appears in 1 contract

Sources: Board of Directors Agreement (Apollo Medical Holdings, Inc.)

No Duplication of Payments. Subject to Section 1413 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation and Bylaws, or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Triumph Bancorp, Inc.)

No Duplication of Payments. Subject to [Except as set forth in Section 14, the 15,]* The Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent the that Indemnitee has otherwise actually received payment (for such amounts under any insurance policypolicy procured by the Company, any provision of the Certificate of Incorporation contract, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (At Home Group Inc.)

No Duplication of Payments. Subject to Section 1414 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate of Incorporation Operating Agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Fortress Transportation & Infrastructure Investors LLC)

No Duplication of Payments. Subject to Section 1416, the Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation charter, bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Fulgent Genetics, Inc.)

No Duplication of Payments. Subject to Section 1411(b) of this Agreement, the Company Companies shall not be liable under this Agreement to make any payment in connection with any Claim made against Proceeding involving the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision the Companies’ articles of the Certificate of Incorporation organization or by-laws or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (LPL Investment Holdings Inc.)

No Duplication of Payments. Subject to Except as otherwise set forth in Section 1415 above, the Company shall not be liable under this Agreement to make any payment in connection with any Claim claim made against the Indemnitee to the extent that the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Bylaw, vote, agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Great Ajax Corp.)

No Duplication of Payments. Subject to Section 1415, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, policy or any provision of the Certificate of Incorporation or By-law or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Affirm Holdings, Inc.)

No Duplication of Payments. Subject to Section 1411(b) of this Agreement, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against Proceeding involving the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision the Company’s certificate of the Certificate of Incorporation incorporation or by-laws or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (LPL Investment Holdings Inc.)

No Duplication of Payments. Subject Except to the extent otherwise provided in Section 14, the 14,the Company shall not be liable under this Agreement to make any payment to or on behalf of Indemnitee in connection with any Claim made against the Indemnifiable Amounts actually and reasonably incurred by Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, policy or any provision of the Certificate of Incorporation or otherwise) in respect of the amounts otherwise indemnifiable hereundersuch Indemnifiable Amounts.

Appears in 1 contract

Sources: Indemnification Agreement (Bowhead Specialty Holdings Inc.)

No Duplication of Payments. Subject to Section 14Paragraph 13 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation Governance Documents or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (JGWPT Holdings Inc.)

No Duplication of Payments. Subject to Section 1415 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, or any provision of the Certificate of Incorporation Operating Agreement or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Five Point Holdings, LLC)

No Duplication of Payments. Subject to Section 1416, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee of amounts otherwise indemnifiable hereunder (or for which advancement is provided hereunder) if and to the extent the that Indemnitee has otherwise actually received payment (for such amounts under any insurance policy, contract, agreement or otherwise. The indemnification and insurance provided by the Company pursuant to this Agreement or otherwise shall be primary to any provision insurance purchased by any director or officer of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunderCompany.

Appears in 1 contract

Sources: Indemnification Agreement (Grindr Inc.)

No Duplication of Payments. Subject to Section 1415, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, policy or any provision of the Certificate Articles of Incorporation or Bylaw or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Affirm Holdings, Inc.)

No Duplication of Payments. Subject to Section 1415(c) hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee has otherwise actually received payment (under any insurance policy, any provision of the Certificate of Incorporation or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (Scynexis Inc)

No Duplication of Payments. Subject to Section 1414 hereof, the Company shall not be liable under this Agreement to make any payment in connection with any Claim made against the Indemnitee to the extent the Indemnitee payment has otherwise actually received payment been made to or on behalf of Indemnitee [●] 9 Indemnification Agreement (under any insurance policy, or any provision of the Company’s Certificate of Incorporation or the Bylaws or otherwise) of the amounts otherwise indemnifiable hereunder.

Appears in 1 contract

Sources: Indemnification Agreement (OneMain Holdings, Inc.)