Computation of Damages. Our liability for loss, damage or shortage of freight will not exceed the actual loss or damage to the freight minus the salvage value of the freight, subject to the $100,000.00 per vehicle limit and other applicable limitations. Amounts for which we are not liable include loss of or damage to any goods not identified in the transportation documents, loss of or damage to any dunnage, freight charges, attorneys’ fees and brokerage fees, fines, import duties or other charges on shipments intended for export.
Computation of Damages. For purposes of computing any Damages under this Section 8 with respect to any representation, warranty, covenant or agreement that is qualified as to materiality or Material Adverse Effect, the amount of the Damages shall be the entire amount of Damages arising by reason of the breach of such representation, warranty, covenant or agreement and not merely the amount of such Damages in excess of an amount that constitutes material Damages or in excess of an amount that constitutes a Material Adverse Effect.
Computation of Damages. The Employee agrees that if he breaches the restrictive covenants set forth in this Agreement, he shall pay the actual damages which the Corporation sustains following such breach. In addition to the actual damage amount, the Employee shall pay the reasonable attorneys’ fees, costs and professionals’ fees of the Corporation that arise from or are associated with the Employee’s breach of any such restrictive covenant.
Computation of Damages. If You or your guests or visitors or occupants, by any action or inaction or omission,
Computation of Damages. (a) Solely for purposes of calculating the dollar amount of any Losses suffered by an Investor Indemnified Person pursuant to a breach of a representation or warranty under Article II, each representation or warranty that contains any qualification as to “materiality” or “Material Adverse Effect” shall be deemed to have been given as though there were no such qualification, and any such qualification shall be disregarded for purposes of this Article VIII.
(b) For purposes of calculating the amount to be paid by the Trailblazer Indemnitor with respect to any Group Company Loss, such amount shall be equal to the product of (i) the aggregate value of such Group Company Loss to the Person suffering such Loss multiplied by (ii) a fraction (x) the numerator of which is the aggregate number of Class A Units Investor holds as of such date and (y) the denominator of which is the aggregate number of outstanding and vested units of Newco as of such Date (the “Pro Rata Portion”).
Computation of Damages. For the purposes of this Article VIII, all Damages of a Parent Indemnified Person as a result of an event or circumstance for which such Parent Indemnified Party is subject to indemnification under this Article VIII shall be computed net of any Tax benefit that such Parent Indemnified Person actually realizes in the year it incurs the Damages as a result of being able to currently deduct the Damages for Tax purposes. For purposes of the prior sentence, the amount of any Tax benefit shall be reduced to the extent a Parent Indemnified Person or its Affiliate actually incurs any Tax detriment as a result of currently including an indemnification payment into income as required under applicable law.
Computation of Damages. Streamline’s liability for loss, damage or shortage of freight will not exceed the actual loss or damage to the freight minus the salvage value of the freight, subject to the $100,000.00 per vehicle limit and other applicable limitations. Amounts for which we are not liable include loss of or damage to any goods not identified in the transportation documents, loss of or damage to any dunnage, freight charges, attorneys’ fees and brokerage fees, fines, import duties or other charges on shipments intended for export. Streamline will not, under any circumstances, be liable to any customer, supplier, consignor, consignee, beneficial owner, third party logistics provider or any other party for consequential, special or indirect damages, lost profits, lost savings, punitive damages, losses due to fluctuations in the freight’s market value, exemplary damages or attorney’s fees or interest relating in any way to services performed or arranged by us, or to loss, damage or delay of freight, regardless of whether we were aware of or reasonably or otherwise could have foreseen any such damages.
Computation of Damages. Upon any finding of a violation of Section 1 of this Article, compensatory damages (i. e., the amount by which any player has been in jured as a result of such violation) shall be awarded. In addition, the System Arbitrator shall award non-compensatory damages (i.e., the amount exceeding compensatory dam ages) as follows:
(a) Two times the amount of compensatory damages, in the event that all of the Clubs found to have violated Section 1 of this Article, have committed such a xxxxx tion for the first time. Any Club found to have committed such a violation for the first time shall be joindy and severally liable for two times the amount of compensatory dam ages.
(b) Three times the amount of compensatory damages, in the event that any of the Clubs found to have violated Section 1 of the Article, have committed such a violation for the second time. In the event that damages are awarded pursuant to this Subsection: (i) any Club found to have committed such a violation for the first time shall be j ointly and severally liable for two times the amount of compensatory damages; and
Computation of Damages. All required indemnification payments under this Agreement shall be reduced to the extent the Indemnified Party (or any of its Affiliates) actually realized for the year in which the Claim arose any Tax benefits resulting from the facts giving rise to the Claim (determined assuming the Company and its Subsidiaries did not realize the Tax Benefits).
Computation of Damages. Damages shall be determined net of any insurance benefits, amounts received from a third party or Tax Benefits realized in the year the Damages were incurred, which are actually realized by the Purchaser Indemnitees, to the extent related to the Damages. If the Purchaser, the Company, the Subsidiaries and/or any of their respective Affiliates realizes a Tax Benefit within in the taxable year in which the applicable Damages are incurred and the immediately following taxable year and such Tax Benefit was not included in the computation of Damages, the Purchaser shall within ten (10) days of filing the Tax Return claiming the Tax Benefit (or, if the Tax Benefit is in the form of a refund, within ten (10) days of receiving the refund from the Governmental Entity) pay such amount to the Seller.
