DAMAGE PAYMENTS. Whether covered by Owner’s insurance policy or not, Owner shall be responsible for and shall promptly, upon demand, pay OBMC, their customers and/or any Government for any damage caused to OBMC, their customers and their property or Government property by Owner, his boat, his crew, his family, guest, invitees, employees or agents. Owner shall be responsible for and shall promptly, upon demand, pay OBMC for, any damage, expense or liability incurred by the marina due to Owner’s failure to comply with this license, applicable laws and Rules and Regulations or due to any pollution created by, caused by, or contributed to by Owner or Owner’s boat.
DAMAGE PAYMENTS. In the event that (i) Buyer is unable to take all of the Raw Product nominated by Seller during a particular Month due to any Person’s failure to take Raw Product from Buyer, and (ii) Buyer receives Damage Payments in connection with such event, Buyer will pay Seller its pro rata share of such Damage Payments based on the amount of nominated Raw Product not taken by Buyer from Seller and any other Affiliates of Buyer as a result of such event.
DAMAGE PAYMENTS. Any teacher who signs a contract to teach in Xxxxxxx Central School District #6 and then breaks the contract shall be liable for the following damage payments:
1. July 1 to July 31 a. 4% of gross contract
2. August 1 to School Starts a. 6% of gross contract
3. During school year a. 8% of gross contract
DAMAGE PAYMENTS. Any damages, indemnification or other payments made to the Partnership with respect to any breach or other violation of any representation, warranty, covenant' or other agreement made pursuant to Article VII hereof, to the extent paid with respect to costs, liabilities or damages incurred by a Partner or an Affiliate thereof, shall immediately be paid by the Partnership to such Partner or Affiliate.
DAMAGE PAYMENTS. Upon any of the events described in Section 2.4, the Company shall, as damages for not honoring the terms of this Agreement, pay the Officer Compensation and benefits for the three year period immediately following the Termination Date (the "Continuation Period"), as follows:
(a) during the Continuation Period, the Officer shall (i) continue to receive Compensation under Section 1.2, and (ii) continue to participate in the Compensation and Benefit Plans, except as otherwise provided below, that he participated in as of the Termination Date as though he continued in the employment of the Company, provided, however, that any benefit to be provided by a Compensation and Benefit Plan may be provided by the Company through cash of equivalent value or through a nonqualified arrangement or arrangements if, in the judgment of the Company, permitting the Officer to participate in such plan after the Termination Date would adversely affect the tax status of such plan; and
(b) the Officer shall receive a payment which is equal to: (i) the sum of the Officer's last three annual incentive awards (expressed as a dollar value) under the Company's EVA-Based Incentive Compensation Plan or similar annual incentive compensation plan applicable to the Officer, and (ii) the Officer's Award Bank balance, less any amounts used to prime the Award Bank, from the Company's EVA Based Incentive Compensation Plan. In the event that the Officer has been covered by an annual incentive compensation plan for less than three years, the amount of payment in Section 2.5(b)(i) shall be the product of three and an arithmetical average based on the actual amount of annual awards received by the Officer divided by the number of years the Officer was covered by the annual incentive compensation plan. To the extent damages to be provided pursuant to this Section 2.5 are determined on the basis of the Officer's base salary, the base salary to be used to determine such damages after the Officer's Termination Date shall be the greater of the Officer's base salary used to determine such damages immediately prior to any reduction in base salary following which the Officer elected to terminate employment pursuant to Section 2. 4(b) of this Agreement, or the Officer's base salary used to determine such damages immediately prior to the Officer's Termination Date. To the extent damages payable pursuant to this Section 2.5, including, not by way of limitation, retiree health care and pension benefits, are d...
DAMAGE PAYMENTS. Any damage payment (other than Insurance Proceeds) in an amount greater than $5,000,000 made to any Noble Entity (or the Noble Entities in the aggregate) in order to compensate for physical (as distinct from consequential or loss of profit) damage suffered by any Project shall be deposited into the NIPDR Account and shall be available as directed by Borrower pursuant to an Executed Withdrawal/Transfer Certificate for repair of such physical damage (in consultation with the Independent Engineer).
DAMAGE PAYMENTS. Each of the Company Indemnifying Parties and the Seller Representative hereby agrees that if, following the Closing, any payment is made pursuant to this Article XII by such Company Indemnifying Party in respect of any Damages (a “Damage Payment”), such Company Indemnifying Party shall have no rights against the Surviving Entity, KLO, MT or any of their respective Subsidiaries or any current or former director, officer or employee thereof (in their capacity as such), whether by reason of contribution, indemnification, subrogation or otherwise, in respect of any such Damage Payment, and shall not take any action against such parties or any such Person with respect thereto. Any rights with respect to Damage Payments which any of the Company Indemnifying Parties or the Seller Representative may, by operation or Law or otherwise, have against the Surviving Entity, KLO, MT or any of their respective Subsidiaries or any such Person shall, effective at the time of the Closing, be deemed to be hereby expressly and knowingly waived.
DAMAGE PAYMENTS. Except as provided in Section 6.8 with respect to a Company Indemnifying Party’s right to indemnification for acts or omissions of an officer or director of the Company or its Subsidiaries, each of the Company Indemnifying Parties and the Securityholders’ Representative hereby agrees that if, following the Closing, any payment is made pursuant to this Article VIII by such Company Indemnifying Party in respect of any Damages (a “Damage Payment”), such Company Indemnifying Party shall have no rights against the Surviving Corporation, or any current or former director, officer or employee thereof (in their capacity as such), whether by reason of contribution, indemnification, subrogation or otherwise, in respect of any such Damage Payment, and shall not take any action against the Surviving Corporation or any such Person with respect thereto. Any rights with respect to Damage Payments which any of the Company Indemnifying Parties or the Securityholders’ Representative may, by operation of law or otherwise, have against the Surviving Corporation or any such Person shall, effective at the time of the Closing, be deemed to be hereby expressly and knowingly waived.
DAMAGE PAYMENTS. Any damage payment (other than Insurance Proceeds) in an amount greater than $1,000,000 made to any Noble Entity in order to compensate for physical (as distinct from consequential or loss of profit) damage suffered by any Project shall be deposited into the NIPDR Account (and segregated from any amounts deposited therein pursuant to Section 5.6(d)) and shall be available as directed by Borrower pursuant to an Executed Withdrawal/Transfer Certificate for repair of such physical damage upon approval by the Administrative Agent in its reasonable judgment (in consultation with the Independent Engineer) and within a reasonable amount of time of a detailed plan for effectuating such repair and related improvements.
DAMAGE PAYMENTS. Each of the Company Indemnifying Parties and the Securityholders' Representative hereby agrees that if, following the Closing, any payment is made pursuant to this Article 8 by such Company Indemnifying Party in respect of any Damages (a "Damage Payment"), such Company Indemnifying Party shall have no rights against the Surviving Corporation, or any current or former director, officer or employee thereof (in their capacity as such), whether by reason of contribution, indemnification, subrogation or otherwise, in respect of any such Damage Payment, and shall not take any action against the Surviving Corporation or any such Person with respect thereto. Any rights with respect to Damage Payments which any of the Company Indemnifying Parties or the Securityholders' Representative may, by operation or law or otherwise, have against the Surviving Corporation or any such Person shall, effective at the time of the Closing, be deemed to be hereby expressly and knowingly waived.
