Claim Deductible Sample Clauses
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Claim Deductible. Except as provided in Section 9.1.2.2, each Claim seeking the recovery of Extra Work Costs and Delay Costs, as applicable, shall be subject to the Claim Deductible. The Claim Deductible reflects the Parties’ agreement that: (a) Developer will bear the financial risks for Extra Work Costs and Delay Costs, as applicable, for each Claim, up to the Claim Deductible; and (b) the Department will compensate Developer for Extra Work Costs and Delay Costs, as applicable, in excess of the Claim Deductible, provided that each Claim complies with [Section of Division ].
Claim Deductible. Notwithstanding anything to the contrary in Section 8.1(a), Sellers shall not have any indemnification obligations for Seller Indemnified Liabilities under Section 8.1(a)(i) unless the aggregate amount of all such Seller Indemnified Liabilities exceeds 2.5% of the Purchase Price (the “Deductible”), in which case Seller shall be liable only for Seller Indemnified Liabilities in excess of the Deductible; provided, however, that such Deductible will not apply to any Seller Indemnified Liabilities relating to the breach of any representation or warranty contained in Sections 3.1 (Organization), 3.2 (Authority; Enforceability), 3.3 (No Conflicts; Consents and Approvals), 3.4 (Capitalization; Ownership) or 3.22 (Brokers’ Fees).
Claim Deductible. 15.6.2.1 Except as provided in this Section 15.6.2, each separate occurrence of a Relief Event for which a Claim is made seeking the recovery of Extra Work Costs and Delay Costs, as applicable, shall be subject to the Claim Deductible. The Claim Deductible reflects the Parties’ agreement that: (a) Developer shall bear the financial risks for Extra Work Costs and Delay Costs, as applicable, for each separate occurrence of a Relief Event, up to the Claim Deductible; and (b) except as otherwise provided in this Article 15, IFA will compensate Developer for Extra Work Costs and Delay Costs, as applicable, in excess of the Claim Deductible, provided that each Claim complies with Section 15.1.
15.6.2.2 The Claim Deductible shall not apply to a Claim seeking recovery for the following:
a. IFA Change (other than a Non-Discriminatory O&M Change);
b. A Relief Event set forth in clause (a), (e), (f), (g) (but only as to performance or failure to perform work by IFA), (h), (i), (m) (but only as to IFA Releases of Hazardous Materials), (n) (but only as to IFA Releases of Hazardous Materials), (s) or (w)of the definition of Relief Event; Flood Event; and
Claim Deductible. 9.1.2.1 Except as provided in Section 9.1.2.2, each Claim seeking the recovery of Extra Work Costs and Delay Costs, as applicable, shall be subject to the Claim Deductible. The Claim Deductible reflects the Parties’ agreement that: (a) Developer shall bear the financial risks for Extra Work Costs and Delay Costs, as applicable, for each Claim, up to the Claim Deductible; and (b) the Department will compensate Developer for Extra Work Costs and Delay Costs, as applicable, in excess of the Claim Deductible, provided that each Claim complies with Section 9.1.1.
9.1.2.2 The Claim Deductible shall not apply to a Claim seeking recovery for the following:
1. Non-Discriminatory O&M Change, which is subject to the Non-Discriminatory O&M Change Deductible;
2. Department Change (other than a Non-Discriminatory O&M Change);