Allocation of Damages Sample Clauses
Allocation of Damages. If an amount is payable to the Trustee by the Servicer, a Seller or the Manager for a breach of a representation, warranty or obligation under the Master Trust Deed or this Deed or for other damages, the Manager will determine what portion of such amount is to be treated as Other Principal Amounts and what portion of such amount is to be treated as Other Income Amounts. On each Determination Date the Manager must notify the Trustee of its allocation, in accordance with the foregoing, of such payment received (if any) in the Collection Period just ended.
Allocation of Damages. In the event that either Party recovers any amounts from any litigation or settlement resulting from an enforcement action in this Section 3.5, then such amounts shall be applied: (i) first, to reimburse Licensor and Licensee for their respective actual out-of-pocket expenses; and (ii) second, any remaining amount shall be the sole property of enforcing Party.
Allocation of Damages. In the event that an Action results in monetary damages, MSC shall allocate said damages as follows: (i) reimbursement of all Direct Costs; (ii) reimbursement of Other Expenses; (iii) any remaining monetary damages (excluding exceptional, punitive and/or treble damages) shall be allocated and distributed equally between the parties; and (iv) any exceptional, punitive and/or treble damages shall be paid to MSC, which MSC shall then allocate equally with UGS in the event UGS took the lead in prosecuting such Action pursuant to Section 11.2(b).
Allocation of Damages. Any Damages under Section 17.3 may be recovered either by Surviving Corporation or NRC, as elected by NRC, or such Damages may be allocated to NRC and Surviving Corporation as NRC, in its sole discretion, may determine.
Allocation of Damages. (i) Subject to Section 5(g)(ii) of this Exhibit C, any recovery, damages, or settlement derived from the Defensive Patent Assertion will be pooled and then applied first in satisfaction of any costs and expenses relating to the Defensive Patent Assertion, including by way of the Defending Member recovering amounts reimbursed to Owner Member under Section 5(b) of this Exhibit C, and amounts incurred by the Defending Member under Section 5(f) of this Exhibit C. Any remaining amounts will be provided to the Owner Member.
(ii) Notwithstanding Section 5(g)(i) of this Exhibit C, if the arrangement entered into by the Owner Member, Other Member and COPA (if applicable) under Section 4 of this Exhibit C results in COPA being awarded damages in connection with the Defensive Patent Assertion, such amounts will not be paid to the Owner Member. Instead, such amounts will be retained by COPA and used as working capital for COPA.
Allocation of Damages. 32 17.6 Notice of Claim ..................................................33 17.7 Defense of Third Party Claims ....................................33 17.8 Reduction for Insurance and Tax Benefits .........................33 17.9 Deductible .......................................................33 17.10 Limitations .....................................................34 17.11 Arbitration .....................................................34
Allocation of Damages. In the event that either Party recovers any amounts from any litigation or settlement resulting from a Proceeding in this Section 6.3, then such amounts shall be the sole property of the enforcing Party.
Allocation of Damages. In any such action brought by either Party in respect of an Other Competitive Infringement, any and all damages or other monies awarded or received in settlement of such suit shall first be used to reimburse any and all costs and expenses (including without limitation reasonable attorneys fees) incurred in such enforcement action by both Parties on a proportional basis. Subject to Section 8.10, ALPHARMA shall be entitled to all remaining damages or other monies awarded or received in settlement of such suit arising from such infringement.
Allocation of Damages. If a Claim results in a settlement or judgment that includes both Damages and amounts that do not constitute Damages, then the Insureds and the Insurer agree to use their best efforts to fairly and reasonably allocate the amount of such settlement or judgment on the basis of the relative legal and financial exposures to the covered Damages and the non-covered amounts. If Damages with respect to a Claim are only partially covered by this Policy because: (i) such Claim involves both Insureds and persons or entities who are not Insureds, or (ii) a portion of such Damages are subject to one or more exclusions set forth in Section IV. EXCLUSIONS (B), ALLOCABLE EXCLUSIONS; or (iii) a portion of such Claim is subject to one or more specified exceptions to the exclusions set forth in Section IV. EXCLUSIONS (C), EXCLUSIONS WITH SPECIFIED EXCEPTIONS; or (iv) a portion of such Damages are excluded in Section IV. EXCLUSIONS (D), EXCLUSIONS APPLICABLE TO DAMAGES BUT NOT TO DEFENSE COSTS then the Insureds and the Insurer agree to use their best efforts to fairly and reasonably allocate such Damages on the basis of the relative legal and financial exposures of the covered and non-covered parties and/or to the covered and non-covered portions of such Claim and/or such Damages. If the Insurer and the Insureds can agree on the amount that constitutes covered Damages, the Insurer shall pay such amount as soon as practicable. If the Insurer and the Insureds cannot agree on the amount of covered Damages, then the Insurer, and the Insureds shall submit the dispute to binding arbitration. The rules of the American Arbitration Association shall apply except with respect to the selection of the arbitration panel, which shall consist of one arbitrator selected by the Insureds, one arbitrator selected by the Insurer and a third independent arbitrator selected by the first two arbitrators.
Allocation of Damages. A number of the Escrow Shares equal --------------------- to the amount of Damages owed to Keynote hereunder, as finally determined under this Section 11.8(c), divided by the Keynote Average Price Per Share, will automatically be deducted from the Merger Shares and transferred to Keynote, which adjustment to the Merger Shares will be allocated among the Velogic Shareholders based upon their respective Percentage Interests, except for Claims for Shareholder Damages arising under Section 11.2(b) of the Merger Agreement, which will only be allocated against the Velogic Shareholder's pro rata portion of the Escrow Shares to whom such Claim applies.