Compensatory Damages. Those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.
Compensatory Damages. For intentional torts the Employer agrees to pay up to $5,000 each person and $25,000 each incident for compensatory damages which an employee may become legally obligated to pay because of personal injury, bodily injury and /or property damage committed within the scope of his/her employment, for which such employee may be held liable to the party injured in an action at law, suit inequity, or other property proceeding for redress. Personal injury shall be defined as false arrest, erroneous services of civil papers, false imprisonment, malicious prosecution, assault and battery, libel, slander, defamation of character, violation of property rights or deprivation of any rights, privileges or immunities secured by the Constitution and laws of the United States of America. Bodily injury shall be defined as bodily injury, sickness or disease sustained by any person or persons accidentally caused by an act of an employee. Property damage shall be defined as damage to or destruction of property including loss of use thereof. In cases involving judgments in excess of the above- mentioned limits, employees may seek further relief according to the provisions set forth in City Ordinance Sec. 3.41.
Compensatory Damages. In any lawsuit, dispute or claim between or against any of the parties hereto, including present and former agents and employees of ours, you and we agree to waive our rights, if any, to seek or recover punitive damages.
Compensatory Damages. The Settlement Fund less distributions pursuant to Paragraph 8.8, Section IX and the Class Award for Backpay (and any additional monies, or less any deductions, pursuant to Paragraphs 8.2, 9.4 and/or 9.8 above) will be allocated to the Maximum Class Award for Compensatory Damages, to be distributed as follows:
a) A fixed monthly amount for compensatory damages (“Compensatory Monthly Amount”) will be calculated by dividing the Maximum Class Award for Compensatory Damages (currently estimated at approximately $40,000,000.00) by the total months worked by Proposed Settlement Class Members in class-eligible jobs during the Settlement Class Period.
b) A Proposed Settlement Class Member who is both
(1) eligible to receive compensatory damages by submitting a timely and complete Claim Form pursuant to Paragraph 10.13 below (“Eligible Claimant”), and (2) deemed by the Claims Adjudicator to have substantiated her claim for compensatory damages pursuant to Section X.F, will receive an award of compensatory damages in an amount equal to the Compensatory Monthly Amount multiplied by the number of months the Eligible Claimant worked in a class-eligible job during the Settlement Class Period.
c) In addition, an Eligible Claimant who was treated by a Medical Professional (as defined in Paragraph 2.15 above) during the period July 15, 2002 to the Preliminary Approval Date for pain and suffering resulting from gender discrimination she experienced while working in a class-eligible job, and who timely completes the requirements set forth below in Paragraph 10.15, may be entitled to an increase in her compensatory award above the amount determined pursuant to Paragraph 10.1(iv)(b). The amount of increase, if any, in an Eligible Claimant’s compensatory award will be determined by the Claims Adjudicator in his or her discretion and paid out of the Maximum Class Award for Compensatory Damages as defined above. The total of all additional compensatory damages awarded by the Claims Adjudicator pursuant to this provision shall not exceed $5,000,000.00.
d) No Eligible Claimant may receive a compensatory award in an amount that exceeds the limitation on compensatory and punitive damages provided for by 42 U.S.C. § 1981a(b)(3)(D) (i.e., $300,000.00).
e) Any portion of the Maximum Class Award for Compensatory Damages that is not awarded as a result of the claims process and monetary distribution procedure described in Section X herein will revert back to Novartis pursuant to the proce...
Compensatory Damages. If County in its sole discretion chooses not to exercise its right to terminate this Agreement in accordance with Section 14.02 in the event Franchisee fails to deliver Solid Waste to the Designated Disposal Facility in accordance with Section 7.01, then the Franchisee will pay County:
Compensatory Damages. The Contracting Authority may claim damages in respect to any direct loss, including additional costs the Contracting Authority incurs due to substitute purchases, any loss caused by additional work and other direct costs in connection with delays, deficiencies or other breaches of contract pursuant to clause 11.1, unless the Partner can demonstrate that Partner did not cause the breach of contract nor the reason for the breach of contract.
Compensatory Damages. The Contractor shall reimburse the City (1) for any fines, fees or penalties imposed on the City as a direct result of the Contractor’s failure to complete the Work according to the PROJECT SPECIFICATIONS, and (2) for the actual costs, reasonably incurred by the City for engineering, observation, inspection, and administrative services needed to complete the Work following an Event of Default.
Compensatory Damages. The Partner may claim compensation for any direct losses arising from the breach of contract pursuant to clause 12.1, unless the Contracting Authority can demonstrate that the breach of contract or the cause of the breach of contract is not attributable to the Contracting Authority. If the Contracting Authority is delayed with the fulfilment of their duties during the Agreement, and this results in the Partner spending more time implementing its part of the deliverable, the Partner is entitled to an adjustment of the agreed remuneration, corresponding to the amount of hours the Partner has incurred, caused by the additional work as a result of the Contracting Authority’s breach of contract. The limitation of damages provision of the Agreement, cf. clause 11.5.6, shall apply correspondingly.
Compensatory Damages. Any applicable damages to the Authority or the Authority’s Transport Contractor(s) directly resulting from breach after commencement of Facility Operations, including but not limited to the following:
Compensatory Damages. In any lawsuit, dispute or claim between or against any of the parties hereto, including present and former agents and employees of Liberty’s, you and Liberty agree to waive our rights, if any, to seek or recover punitive damages.
