Amount of Liability. 4.1 In the event that the Covenantor is liable to make any payment under sub-clauses 2.1 and 2.2 the amount of that payment shall be equal to:
4.1.1 in respect of an ‘A’ Liability for Taxation, the amount of the relevant payment;
4.1.2 in respect of a ‘B’ Liability for Taxation, the amount of the benefit of the relevant repayment which is not obtained;
4.1.3 in respect of a ‘C Liability for Taxation, the amount by which a Liability for Taxation is reduced by means of the relevant utilisation of the Tax Relief;
4.1.4 in respect of a ‘D’ Liability for Taxation, the amount of any liability to make a payment in respect of any Taxation which would not have been made or become due had there been no loss of the Tax Relief in question;
4.1.5 in respect of an ‘E’ Liability for Taxation, the amount of the repayment or payment liable to be made together with (in each such case) the amount of all costs and expenses incurred by the Buyer or any member of the Group in connection either with a claim under the Schedule or any Claim or in connection with the subject matter of any such claim or Claim, including in connection with any action taken as referred to in clause 8 below and any satisfaction or settlement of a Liability for Taxation in accordance with that clause.
Amount of Liability. The liability of the undersigned hereunder shall be for all indebtedness of Borrower to Lender in connection with two loans evidenced by Borrower’s Term Notes of even date herewith in the original principal amounts of $14,250,000.00 and $3,750,000.00, including all principal advanced to Borrower, interest, penalties and any and all other charges in connection therewith.
Amount of Liability. EXCEPT FOR ANY OF BREACH OF THE TERMS OF THE CLA, SECTION 4.4 (REASONABLE EFFORTS REGARDING CONTRIBUTIONS), OR SECTION 5 (RESTRICTIONS DURING INCUBATION PHASE), IN NO EVENT SHALL EITHER PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PROJECT, OR THE SOFTWARE EXCEED ONE THOUSAND DOLLARS ($1,000)] IN THE AGGREGATE. Failure of Essential Purpose. The limitations set forth above shall survive and apply even if any limited remedy specified in this Agreement is found to have failed its essential purpose.
Amount of Liability. 4.1 In the event that the Covenantors are liable to make any payment under clause 2 the amount of that payment shall be equal to:
4.1.1 in respect of an 'A' Liability for Taxation, the amount of the liability to make the relevant payment;
4.1.2 in respect of a 'B' or 'C' Liability for Taxation, the amount of any liability to make a payment of taxation which would not have been made or become due had there been no such utilisation of the Purchaser's Tax Relief in the case of a 'B' Liability for Taxation or no such loss or failure to obtain the Tax Relief in question in the case of a 'C' Liability for Taxation, and (in any case) the amount of any costs and expenses reasonably and properly incurred by the Purchaser, the Company and/or any of the Subsidiaries in investigating, assessing or contesting any such Liability for Taxation as gives rise to the liability of the Covenantors under this Deed.
Amount of Liability. Not Limited to Amount of Insurance: The insurance procured by Grantee for the benefit of Valley Water must not be deemed to release or limit any
Amount of Liability. Seller’s liability for breach of this warranty shall be limited to repairing or replacing of the nonconforming panel utilizing such normal materials, methods and workmanship necessary to provide the stipulated performance remaining under the original warranty for the nonconforming panel. Seller shall have the sole discretion to determine which of the above methods will be used to fulfill its obligation. Seller shall have no liability or obligation whatsoever if payment in full has not been made for any materials. Moreover, if seller elects to supply replacement panels, Seller shall have no liability for labor costs associated with removing defective panels or replacing same with new panels. Seller’s warranties apply only to panels which have been exposed to normal weather and atmospheric conditions, is limited to the aforementioned defects or failures, and does not apply to defects or failures caused by acts of God, falling objects, misuse, improper assembly, external forces, explosions, fire, vandalism, deliberate destruction or damage, riots, civil commotions, acts of war, radiation or harmful gases or fumes, excessive salt atmospheres, chemicals, and foreign substances (i.e., abnormal quantities of sand or dirt particles) in the air or atmosphere, stored or installed in a way which allows contact with animal and/or animal waste, and regardless
Amount of Liability. There shall be no limitation on either party’s direct damages liability in connection with this agreement, arising as a result of a party’s infringement of third−party intellectual property rights, willful misconduct, or gross negligence. Neither party’s total liability under this DocuSign Envelope ID: 844B650A-5D95-4524-86EB-E1E013B2AE7F agreement will exceed an amount equal to three times the amount the Customer paid to LMl in the 12 months before the event giving rise to the claim. The foregoing does not limit your obligations to pay any undisputed fees and other amounts due under any order. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. By signature hereon, the bidder hereby certifies that heƒshe is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.
Amount of Liability. This Mortgage shall be impressed in the first instance with stamp duty to cover an aggregate liability of the Mortgagor to the Mortgagees as principal and surety in the sum of [ ] Belize Dollars (BZ$000,000)/United States Dollars(US$). It is hereby intended that this Deed of Mortgage shall cover all sums to any aggregate for which the Mortgagor and the Guarantor may be liable under the Loan Agreement to the Mortgagee as principal and surety at any time.
Amount of Liability. 4.1 In the event that THG is liable to make any payment under paragraph 2 of this Schedule the amount of that payment shall be equal to:
4.1.1 in respect of an ‘A’ Liability for Taxation, the amount of the liability to make the relevant payment; or
4.1.2 in respect of a ‘B’ Liability for Taxation, the amount by which a liability for Taxation is reduced by means of the relevant utilisation of the Tax Relief;
4.1.3 in respect of a ‘C’ Liability for Taxation:
(a) in the case of the loss, reduction or non-availability of an Accounts Relief which would be given as a deduction in computing or as a set off against income, profits or gains, a sum equal to the amount of Tax which would, on the basis of the rates of Tax current at the date of this Agreement, have been saved or saveable had such Accounts Relief not been lost, reduced or unavailable;
(b) in the case of the loss, reduction or non-availability of an Accounts Relief which is given as a credit against Tax, a sum equal to the amount of that Accounts Relief so lost, reduced or made unavailable; and
(c) in the case of the loss, reduction or non-availability of a right to repayment of Tax, a sum equal to the amount of the repayment which would have been obtained but for such loss, reduction, or non-availability, and (in any case) the amount of any costs and expenses reasonably and properly incurred by the Buyer and/or any of the Group Companies in investigating assessing or contesting any such Liability for Taxation as gives rise to the liability of THG under this Schedule.
Amount of Liability. Under the circumstances listed in subsection (a), above, the Producer and the Writer shall be jointly and individually liable to the Health Fund for:
(i) the sum of (A) the greater of (1) the cost to the Health Fund of insurance premiums the Health Fund paid, or (2) benefits the Health Fund's insurance carrier paid on behalf of the Writer or other person, and (B) the benefits the Health Fund paid on behalf of the Writer or other person; and
(ii) the Health Fund's audit costs; costs of collection (including attorneys fees and costs of suit); and interest at the rate of 10% per year on the monies the Health Fund or its insurance carrier paid, from the date the monies were paid.
