General damages means only those damages as directly and necessarily result from such act or omission without reference to any special conditions or circumstances of the Fund, the Series or MBIA. In no event shall Mellon be liable for any indirect, special or consequential losses or damages of any kind whatsoever (including but not limited to lost profits), even if Mellon has been advised of the likelihood of such losses or damages and regardless of the form of action through which any such losses or damages may be claimed.
General damages means the amount required to compensate the plaintiff for losses that are the natural and probable consequence of the defendant’s breach of the contract.
General damages means only those damages as directly and necessarily result from such act or omission without reference to any special conditions or circumstances of the Fund, the Series or MBIA. In no event shall Xxxxxxx/Mellon be liable for any indirect, special or consequential losses or damages of any kind whatsoever (including but not limited to lost profits), even if Xxxxxxx/Mellon has been advised of the likelihood of such losses or damages and regardless of the form of action through which any such losses or damages may be claimed.
Examples of General damages in a sentence
General damages shall mean only those damages as directly and necessarily result from such act or omission without reference to any special conditions or circumstances of ours or of any transaction, whether or not you have been advised of any such special conditions or circumstances.
General damages shall mean only those damages as directly and necessarily result from such act or omission without reference to any special conditions or circumstances of the Customer or of any transaction, whether or not the Bank has been advised of any such special conditions or circumstances.
General damages shall mean only those damages as directly and necessarily result from such act or omission without reference to any special conditions or circumstances of ours or of any transaction, whether or not you have been advised of any such special conditions or circumstances and regardless of the form of action any such damage may be claimed You shall not be liable for the acts or omissions of (or the bankruptcy or insolvency of) any Depository.
General damages shall mean only those damages as directly and necessarily result from the Custodian's negligence or willful misconduct without reference to any special conditions or circumstances of the Fund's Series or of any transaction.
More Definitions of General damages
General damages means losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a Person. For the avoidance of doubt, "General Damages" includes not only the actual damages of a Person, but also punitive and exemplary damages and Consequential Damages of such Person.
General damages means only those damages as directly and necessarily result from such act or omission without reference to any special conditions or circumstances of the Fund, any Series or MBIA. In no event shall BNY be liable for any indirect, special or consequential losses or damages of any kind whatsoever (including but not limited to lost profits), even if BNY has been advised of the likelihood of such losses or damages and regardless of the form of action through which any such losses or damages may be claimed.
General damages. Actual, out of pocket damages, losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), and other direct damages suffered or incurred by a Person. For the avoidance of doubt, "General Damages" excludes punitive damages, exemplary damages and Consequential Damages of such Person.
General damages means only those damages as directly and necessarily result from such act or omission without reference to any special conditions or circumstances of the Fund, any Series or MBIA. In no event shall State Street be liable for any indirect, special or consequential losses or damages of any kind whatsoever (including but not limited to lost profits), even if State Street has been advised of the likelihood of such losses or damages and regardless of the form of action through which any such losses or damages may be claimed.
General damages means damages for loss of reputation, shame, mortification, and hurt feelings.
General damages means non-pecuniary losses and future pecuniary losses;
General damages means that amount of money representing only those specific elements of bodily injury damages (including but not limited to, pain and suffering, permanent impairment, disability, and loss of enjoyment of life which were estimated using [the software] and paid as part of an INSURED PERSON’S individual BODILY INJURY CLAIM, as determined by the books and records of GRANGE, and does not include disgorgement, punitive, restitution or similar damages.(Doc. 71-5, ¶ 20). The amounts paid to “eligible class members” was calculated as follows: Each ELIGIBLE CLASS MEMBER will be paid a cash payment reflecting a13% differential (as described below) in the amount of GENERAL DAMAGESpreviously paid for such BODILY INJURY CLAIM; provided, however, that the total of (i) the amount previously paid for such BODILY INJURY CLAIM, and(ii) the additional amount paid pursuant to this paragraph 59 shall not exceed the policy limit applicable to that BODILY INJURY CLAIM. The cash payment to ELIGIBLE CLASS MEMBERS will be calculated as follows: the GENERAL DAMAGES previously paid to the ELIGIBLE CLASS MEMBERS will be divided by .87, with the result of that calculation being decreased by the GENERAL DAMAGES previously paid by GRANGE. For example, if the prior total UM/UIM payment by GRANGE was $10,000, and the GENERAL DAMAGES portion of that payment was $7,000, then the cash payment would be$7,000/.87=$8045.98-$7,000=$1,045.98. (Doc. 71-5, ¶ 59). Regarding the “13% differential,” the Stipulation of Settlement provides as follows:GRANGE, PLAINTIFF, and the SETTLEMENT CLASS have agreed for purposes of this SETTLEMENT to use 13% as a negotiated method to estimate GRANGE’S average savings from use of [the software] on bodily injury claims during the CLASS PERIOD. Given the defenses presented and the inherent risk to all from litigation, GRANGE, PLAINTIFF, and the SETTLEMENT CLASS agree that this method is reasonable and appropriate. (Doc. 71-5, ¶ 103). The Stipulation of Settlement provides that the total amount of payments available to the class members would not exceed $5,473,248. Grange agreed to pay class counsel’s attorneys’ fees and expenses in an amount not to exceed $3,160,801.