BASIS OF RECOVERY Sample Clauses

BASIS OF RECOVERY. 14.1 Where any payment is made pursuant to a claim for breach of this Agreement or under an indemnity given under this Agreement (but not under the Tax Covenant or in relation to the Tax Warranties) and the Losses incurred in relation to the claim give rise to a Relief in the hands of any member of the Calpine Group or the Purchaser Group (as the case may be), then to the extent that such Relief results in an actual saving of Tax, the Seller or the Purchaser (as the case may be) shall, on the date on which the Tax so saved would otherwise first have been due and payable, pay (or procure that the relevant member of the Calpine Group or the Purchaser Group shall pay) to the other party an amount equal to the Tax so saved provided that:
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BASIS OF RECOVERY. In respect of the subject matter insured hereunder, the Underwriter shall be liable subject to the limit of the scheduled value insured hereon for the actual or estimated cost to repair or replace the destroyed or damaged property on the basis of new for old with no deduction for depreciation, including the cost of reasonable repair, whether or not the property destroyed or damaged is actually replaced by the Assured. In no case shall Underwriters be liable for the cost of betterment in respect of any part of equipment lost or damaged.
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BASIS OF RECOVERY. If there is a claim for breach of the Warranties, the Vendor shall pay the Purchaser on demand (at the Purchaser’s option) an amount equal to either:
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Related to BASIS OF RECOVERY

  • Allocation of Recovery In the event an actual pecuniary loss is suffered by any two or more of the Insureds under circumstances covered by the terms of the Bond, any recovery under the Bond shall be allocated among such Insureds as follows:

  • Sharing of Recoveries Each Purchaser agrees that if it receives any recovery, through set-off, judicial action or otherwise, on any amount payable or recoverable hereunder in a greater proportion than should have been received hereunder or otherwise inconsistent with the provisions hereof, then the recipient of such recovery shall purchase for cash an interest in amounts owing to the other Purchasers (as return of Capital or otherwise), without representation or warranty except for the representation and warranty that such interest is being sold by each such other Purchaser free and clear of any Adverse Claim created or granted by such other Purchaser, in the amount necessary to create proportional participation by the Purchaser in such recovery. If all or any portion of such amount is thereafter recovered from the recipient, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.

  • Allocation of Recoveries (a) If more than one of the parties hereto is damaged in a single loss for which recovery is received under the policy, each such party shall receive that portion of the recovery which represents the loss sustained by that party, unless the recovery is inadequate to fully indemnify such party sustaining loss.

  • Notices of Record Date, Etc In the event of:

  • Notices of Record Date In the event of any taking by the Company of a record of the holders of any class of securities for the purpose of determining the holders thereof who are entitled to receive any dividend (other than a cash dividend which is the same as cash dividends paid in previous quarters) or other distribution, the Company shall mail to the Holder, at least ten (10) days prior to the date specified herein, a notice specifying the date on which any such record is to be taken for the purpose of such dividend or distribution.

  • Fixing of Record Date Whenever a cash dividend, cash distribution or any other distribution is made on Deposited Securities or rights to purchase Shares or other securities are issued with respect to Deposited Securities (which rights will be delivered to or exercised or sold on behalf of Owners in accordance with Section 4.4) or the Depositary receives notice that a distribution or issuance of that kind will be made, or whenever the Depositary receives notice that a meeting of holders of Shares will be held in respect of which the Company has requested the Depositary to send a notice under Section 4.7, or whenever the Depositary will assess a fee or charge against the Owners, or whenever the Depositary causes a change in the number of Shares that are represented by each American Depositary Share, or whenever the Depositary otherwise finds it necessary or convenient, the Depositary shall fix a record date, which shall be the same as, or as near as practicable to, any corresponding record date set by the Company with respect to Shares, (a) for the determination of the Owners (i) who shall be entitled to receive the benefit of that dividend or other distribution or those rights, (ii) who shall be entitled to give instructions for the exercise of voting rights at that meeting, (iii) who shall be responsible for that fee or charge or (iv) for any other purpose for which the record date was set, or (b) on or after which each American Depositary Share will represent the changed number of Shares. Subject to the provisions of Sections 4.1 through 4.5 and to the other terms and conditions of this Deposit Agreement, the Owners on a record date fixed by the Depositary shall be entitled to receive the amount distributable by the Depositary with respect to that dividend or other distribution or those rights or the net proceeds of sale thereof in proportion to the number of American Depositary Shares held by them respectively, to give voting instructions or to act in respect of the other matter for which that record date was fixed, or be responsible for that fee or charge, as the case may be.

  • Return of Records Upon termination of this Agreement, the Consultant shall deliver all records, notes, and data of any nature that are in the Consultant's possession or under the Consultant's control and that are of the Client's property or relate to Client's business.

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