Compensation of Damage Sample Clauses

Compensation of Damage. In the event of damages to”A “due to”B “'s willfulness or negligence, or in the event of embezzlement, transfer, etc.,”A “may discipline or dismiss”B“, such as reduction, and”B “shall compensate”A " for the damages caused, and shall be liable for civil and criminal liability.
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Compensation of Damage. If “B” randomly changes or destroys the business place or office and fails to have them restored, “B” shall compensate it to “A,” and “A” may claim for the compensation of damage to “B.”
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Compensation of Damage. The claim for damages arises in addition to the claim for a contractual penalty agreed in accordance with this Contract and in addition to other agreed obligations and is limited to 100% of the purchase price of the subject of performance, for all damage events in their entirety. Payment of the damage does not release the obliged contractual party from the obligation to provide performance in accordance with this Contract.
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Compensation of Damage. 32.1 ENTRUSTOR must compensate ENTRUSTEE for any damage caused by the reason attributed to ENTRUSTOR with respect to Article 31. 32.2 ENTRUSTEE must compensate ENTRUSTOR for any damage caused by the reason not attributed to ENTRUSTOR with respect to Article 31. However, when the damage is not attributed to the responsibility of ENTRUSTEE, the compensation of the damage will be decided upon the consultation between the PARTIES, if possible. 32.3 The damage amount specified in Articles 32.1 and 32.2 will be decided upon the consultation between the PARTIES, if possible.
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Compensation of Damage. In cases where an employee at work or in connection with work (intentionally or negligently) causes damage, the employer is obliged to appoint a special committee, including a representative of the TUHFK, to verify the responsibility for causing material damage.
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Compensation of Damage. 1. In the event of injury (death) of members of disaster unit of the supplying Party, the requesting Party shall assume medical and transportation costs related to injury or death of disaster unit members, if occurred in the delivery of assistance in emergency liquidation for the implementation of this Agreement. 2. Should a member of disaster term whilst performing the tasks related to implementation of this Agreement in the territory of requesting Party do harm to a legal or physical entity, the damage will be compensated by the requesting Party in accordance with the legislation. 3. Damage inflicted deliberately by a member of disaster team shall be compensated pursuant to the state legislation of the requesting Party.
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Compensation of Damage. 10.1 Contrary to the relevant provisions in the Dutch Civil Code, the Employee, to the extent insured, shall be liable to pay compensation for any damage caused during the performance of this agreement to the Employer or a third party towards which the Employer is held to compensate such damage, even if such damage is not attributable to an intentional act or omission or intentional recklessness on the part of the Employee.
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Compensation of Damage. 33.1 JOGMEC shall compensate COLLABORATOR for any damage caused by the reason attributed to JOGMEC with respect to Article 32. 33.2 COLLABORATOR shall compensate JOGMEC for any damage caused by the reason not attributed to JOGMEC with respect to Article 32. However, when the damage is not attributed to the responsibility of COLLABORATOR, the compensation of the damage will be decided upon the consultation between the PARTIES. 33.3 The damage amount in cases of Articles 33.1 and 33.2 will be determined upon the consultation between the PARTIES.
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Compensation of Damage. 35.1 COLLABORATOR shall compensate any damage caused by performance of field management work during research project except JOGMEC’s intentionally or by gross negligence. 35.2 COLLABORATOR shall negotiate when complaining or receiving damage claim from third party and shall compensate negotiation cost or damage claim from third party. However, this shall not apply if the cost or damage caused by the reason attributed to JOGMEC.
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Related to Compensation of Damage

  • Compensation for Damages (1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Xxxxxxx Money Deposit/Bid Security. (2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee.

  • Compensation and Indemnification The Company agrees promptly to pay the Warrant Agent the compensation to be agreed upon with the Company for all services rendered by the Warrant Agent and to reimburse the Warrant Agent for reasonable out-of-pocket expenses (including reasonable counsel fees) incurred without negligence, bad faith or willful misconduct by the Warrant Agent in connection with the services rendered hereunder by the Warrant Agent. The Company also agrees to indemnify the Warrant Agent for, and to hold it harmless against, any loss, liability or expense incurred without negligence, bad faith or willful misconduct on the part of the Warrant Agent, arising out of or in connection with its acting as Warrant Agent hereunder, including the reasonable costs and expenses of defending against any claim of such liability.

  • Obligations and Compensation of Dealer Manager 3.1. The Company hereby appoints the Dealer Manager as its agent and principal distributor for the purpose of selling for cash up to a maximum of $2,975,000,000 in Shares (or such other amount as the Company allocates to the primary Offering of Shares as described in the first paragraph of this Agreement) through the dealers selected to participate in the distribution of Shares in the Offering who have executed Selected Dealer Agreements with the Dealer Manager (each, a “Dealer” and, collectively, the “Dealers”), all of whom shall be members of the Financial Industry Regulatory Authority, Inc. (“FINRA”). The Dealer Manager may also sell Shares for cash directly to its own clients and customers at the public offering price and subject to the terms and conditions stated in the Prospectus. The Dealer Manager hereby accepts such agency and distributorship and agrees to use its best efforts to sell the Shares on said terms and conditions. The Dealer Manager represents to the Company that (i) it is a member of FINRA; (ii) it and its employees and representatives have all required licenses and registrations to act under this Agreement; and (iii) it has established and implemented anti-money laundering compliance programs in accordance with applicable law, including applicable FINRA rules, SEC rules, and the USA PATRIOT Act of 2001, reasonably designed to detect and cause the reporting of suspicious transactions in connection with the sale of Shares of the Company. 3.2. The Dealer Manager and the Dealers shall commence the offering of the Shares for cash to the public only in jurisdictions in which the Shares are registered or qualified for sale or in which such offering is otherwise permitted. The Dealer Manager and the Dealers will suspend or terminate offering of the Shares upon request of the Company at any time and will resume offering the Shares upon subsequent request of the Company. 3.3. Except as provided in the “Plan of Distribution” section of the Prospectus, as compensation for the services rendered by the Dealer Manager, the Company agrees that it will pay to the Dealer Manager selling commissions in the amount of 7.0% of the gross proceeds of the Class A Shares sold and 3.0% of the gross proceeds of the Class T Shares sold, plus a dealer manager fee in the amount of 2.0% of the gross proceeds of the Shares sold to the public; provided, however, that there shall be no selling commissions and no dealer manager fees paid for sales of Shares under the Company’s distribution reinvestment plan. In addition, the Company agrees that it will pay to the Dealer Manager a monthly distribution and stockholder servicing fee that will accrue daily in an amount equal to 1/365th of 0.8% of the Company’s per share NAV of Class T Shares sold, excluding Class T Shares sold pursuant to the distribution reinvestment plan. The Company will cease paying the distribution and stockholder servicing fee with respect to Class T Shares sold in the Offering at the earliest of (i) the end of the month in which the transfer agent, on behalf of the Company, determines that total selling commissions and distribution and stockholder servicing fees paid by a stockholder within his or her individual account would be equal to 7.0% of the stockholder’s total gross investment amount at the time of the purchase of the primary Class T shares held in such account; (ii) the date on which the aggregate underwriting compensation from all sources equals 10.0% of the gross proceeds from the sale of Shares, excluding Shares sold pursuant to the distribution reinvestment plan; (iii) the fifth anniversary of the last day of the month in which the Offering (excluding the offering of shares pursuant to the Company’s distribution reinvestment plan offering) terminates; (iv) the date such Class T share is no longer outstanding; and (v) the date the Company effects a liquidity event. The distribution and stockholder servicing fee relates to the share or shares sold. Payments to the Dealer Manager shall be made by the end of the week following the week in which Shares are sold by wire transfer of immediately available funds to an account designated by the Dealer Manager. Notwithstanding the foregoing, the Dealer Manager will reallow all of the selling commissions to Dealers. The Dealer Manager also may reallow all or a portion of the dealer manager fee and the distribution and stockholder servicing fee to Dealers; provided, however, that with respect to any individual investment, the Dealer Manager will not re-allow the related distribution and stockholder servicing fee to a Dealer if such Dealer ceases to hold the account related to such investment. In addition, the Dealer Manager will not reallow the distribution and stockholder servicing fee to any Dealer if such Dealer has not executed a Participating Dealer Agreement with the Dealer Manager or if the Dealer’s previously executed Selected Dealer Agreement with the Dealer Manager is terminated. In any instance in which the Dealer Manager does not re-allow the distribution and stockholder servicing fee to a Dealer, the Dealer Manager will return such fee to the Company. If, for any reason, a sale is cancelled or rescinded, the Dealer Manager shall return to the Company the selling commission, the dealer manager fee and the distribution and stockholder servicing fee paid to it with respect to such sale. The Company will not be liable or responsible to any Dealer for direct payment of commissions to such Dealer, it being the sole and exclusive responsibility of the Dealer Manager to make payment of commissions to Dealers. Notwithstanding the above, at its discretion, the Company may act as agent of the Dealer Manager by making direct payment of commissions to such Dealers without incurring any liability therefore. 3.4. The Dealer Manager shall use and distribute, in conjunction with the offer and sale of any Shares, only the Prospectus and such sales literature and advertising as shall have been previously approved in writing by the Company. 3.5. The Dealer Manager acknowledges that the Company may reimburse its advisor for underwriting expenses not covered by the selling commissions, dealer manager fee and distribution and stockholder servicing fee set forth in Section 3.3, but only to the extent that the total of such reimbursements for underwriting expenses and the selling commissions, dealer manager fee and distribution and stockholder servicing fee set forth in Section 3.3 is no more than 10.0% of the gross offering proceeds of the Shares sold in the Offering, excluding proceeds from the distribution reinvestment plan. In no event will total underwriting compensation exceed 10.0% of the gross proceeds of the Shares sold in the Offering, excluding proceeds from the distribution reinvestment plan.

  • ’ Compensation and Employer’s Liability Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

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