Indemnified Losses definition

Indemnified Losses is defined in Section 5.03 of the Servicing Agreement.

Indemnified Losses means all damages, dues, penalties, fines, costs, amounts paid in settlement, taxes, losses, expenses, and fees, including court costs and Attorneys’ Fees and expenses.

Indemnified Losses shall (x) include without limitation any damage, loss, cost and expense that is incurred to put the BNPP Entities in the same economic position as they would have been in had a default (howsoever defined) under any Contract not occurred, or that arises out of any other commitment a BNPP Entity has entered into in connection with or as a hedge in connection with any transaction or in an effort to mitigate any resulting loss to which a BNPP Entity is exposed because of a default (howsoever defined) under any Contract and (y) not include any losses of a BNPP Entity resulting directly from such BNPP Entity’s gross negligence or willful misconduct.

Examples of Indemnified Losses in a sentence

• If the Indemnitor subsequently acknowledges and agrees in writing that it has an obligation to provide indemnification under this Agreement for the Indemnified Losses incurred in connection with or arising from such Third Party Claim, the Indemnitor will have the right to assume control of the defense, compromise or settlement of such Third Party Claim from the Indemnified Party at any time by giving written notice of such election to the Indemnified Party.

• The Parties expressly acknowledge that the provisions of this Article IV will be the sole and exclusive remedy for Indemnified Losses for matters relating to this Agreement, except that the Parties will not be limited to the remedies provided in this Article IV with respect to any claim brought on the basis of fraudulent or willful misconduct or intentional misrepresentation, and except that the remedies of injunction and specific performance will remain available to the Parties hereto.

• Indemnitor agrees to indemnify, save, and hold harmless the Indemnitees, individually and collectively, for all Indemnified Losses resulting from Claims.

• With respect to Third Party Claims, the Buyer Indemnifying Parties shall reimburse the Company Indemnitees on demand for any Company Indemnified Losses suffered by the Company Indemnitees, based on the judgment of any court of competent jurisdiction or pursuant to a bona fide compromise or settlement in respect of any Company Indemnified Losses.

• B2Gold indemnifies Matador against all Indemnified Losses incurred by Matador as a consequence of any matter or thing being found to be in breach of or inconsistent with the B2Gold Warranties.

More Definitions of Indemnified Losses

Indemnified Losses means any loss, claim, damage, liability, penalty, fine or excise tax (including any reasonable legal fees and expenses relating to any action, proceeding, investigation and preparation therefor) when and as incurred by the BNPP Entities (i) pursuant to authorized instructions received by the BNPP Entities’ from Customer or its agents, (ii) as a consequence of a breach by Customer of any covenant, representation or warranty hereunder, (iii) in settlement of any claim or litigation relating to BNPP Entities’ acting as agent for Customer or (iv) in connection with or related to any Account, this Agreement, any Contract, any transactions hereunder or thereunder, any activities or services of the BNPP Entities in connection with this Agreement or otherwise (including, without limitation, (A) any technology services, reporting, trading, research or capital introduction services or (B) any DK or disaffirmance of any transaction hereunder). “Indemnified Losses” shall (x) include without limitation any damage, loss, cost and expense that is incurred to put the BNPP Entities in the same economic position as they would have been in had a default (howsoever defined) under any Contract not occurred, or that arises out of any other commitment a BNPP Entity has entered into in connection with or as a hedge in connection with any transaction or in an effort to mitigate any resulting loss to which a BNPP Entity is exposed because of a default (howsoever defined) under any Contract and (y) not include any losses of a BNPP Entity resulting directly from such BNPP Entity’s gross negligence or willful misconduct.

Indemnified Losses shall have the meaning specified in Section 6.01 of the Receivables Purchase Agreement.

Indemnified Losses shall have the meaning specified in Section 6.01.

Indemnified Losses. Shall have the meaning given to it in Section 9.1(c).

Indemnified Losses means all direct, out-of-pocket liabilities, damages, losses, costs and expenses of any nature incurred by an Indemnified Party, including reasonable attorneys’ fees and consultants’ fees, and all damages, fines, penalties and judgments awarded or entered against an Indemnified Party, but specifically excluding any special, consequential or other types of indirect damages.

Indemnified Losses has the meaning set forth in Section 10.2.

Indemnified Losses means, in relation to any fact, matter or circumstance, all losses, costs, charges, damages, expenses, penalties and other liabilities arising out of or in connection with that fact, matter or circumstance including all legal and other professional expenses on a solicitor-client basis incurred in connection with investigating, disputing, defending or settling any claim, action, demand or proceeding relating to that fact, matter or circumstance (including any claim, action, demand or proceeding based on the terms of this agreement).