Limitation of Amount. Notwithstanding anything in this Agreement to the contrary, if any of the compensation or benefits payable, or to be provided, to the Executive by the Company under this Agreement are treated as Excess Severance Payments (whether alone or in conjunction with payments or benefits outside of this Agreement), the compensation and benefits provided under this Agreement shall be modified or reduced in the manner provided in Section 2 below to the extent necessary so that the compensation and benefits payable or to be provided to Executive under this Agreement that are treated as Severance Payments, as well as any compensation or benefits provided outside of this Agreement that are so treated, shall not cause the Company to have paid an Excess Severance Payment. In computing such amount, the parties shall take into account all provisions of Code Section 280G, and the regulations thereunder, including making appropriate adjustments to such calculation for amounts established to be Reasonable Compensation. The calculations under this Section V.1 shall be made by the Company's independent accountants within thirty (30) days of the Executive's termination of employment; provided, however, if the Executive disputes such accountants' calculations, the dispute shall be resolved in accordance with Section VI.5.
Limitation of Amount. Notwithstanding anything in this Agreement to the contrary, if any of the compensation or benefits payable, or to be provided, to the Employee by the Company under this Agreement or otherwise are treated as Excess Severance Payments (whether alone or in conjunction with payments or benefits outside of this Agreement), the compensation and benefits provided under this Agreement or otherwise shall be modified or reduced in the manner provided in Section 6(g)(ii) below to the extent necessary so that the compensation and benefits payable or to be provided to the Employee under this Agreement that are treated as Severance Payments, as well as any compensation or benefits provided outside of this Agreement that are so treated, shall not cause the Company to have paid an Excess Severance Payment. In computing such amount, the parties shall take into account all provisions of Section 280G of the Code, and the regulations thereunder, including making appropriate adjustments to such calculation for amounts established to be Reasonable Compensation, and for amounts paid to the Employee as consideration for the Employee’s non-competition obligation under Section 8 of this Agreement. The determinations under this Section 6(g)(i) with regard to Excess Severance Payments shall be made by an independent accounting firm selected by the Company and the Employee, which shall provide detailed supporting calculations to the parties.
Limitation of Amount. Except in the case of a transfer in connection with the exercise of remedies during the continuance of a Lease Event of Default, EME shall not be obligated to make any indemnity payment to the Owner Participant in excess of the amount, calculated on an After-Tax Basis, that would have been payable hereunder had there not been a transfer of any direct or indirect interest in the Facility to any transferee by the Owner Participant after the Closing Date; provided, however, that such limitation shall not apply to any payment required to be made on an After-Tax Basis. Further, EME shall not be obligated to make any indemnity payment until the exhaustion of EME’s rights under Section 8.
Limitation of Amount. We are not liable under Section C for any amount in excess of the actual cash value of your snowmobile at the time the loss or damage occurs or in excess of the amount shown for this endorsement on the Summary of Coverage page, whichever is the lesser. In respect to loss or damage for which you are insured under Section C, we agree that the described snowmobile is valued at and insured for the amount shown for this endorsement on the Summary of Coverage page, subject to the applicable Section C deductible. When the loss involving the described snowmobile is a partial loss only, our liability is limited to the cost of repair, less the applicable Section C deductible, but such cost shall not exceed the amount shown for this endorsement on the Summary of Coverage page. We are not liable under Section C for loss or damage to fire-fighting, rescue or salvage equipment that has been removed from your snowmobile while the snowmobile is at the location of a fire.
Limitation of Amount. We are not liable under Section C for any amount in excess of the actual cash value of your ATV at the time the loss or damage occurs or in excess of the amount shown for this endorsement on the Summary of Coverage page, whichever is the lesser. In respect to loss or damage for which you are insured under Section C, we agree that the described ATV is valued at and insured for the amount shown for this endorsement on the Summary of Coverage page, subject to the applicable Section C deductible. When the loss involving the described ATV is a partial loss only, our liability is limited to the cost of repair, less the applicable Section C deductible, but such cost shall not exceed the amount shown for this endorsement on the Summary of Coverage page. We are not liable under Section C for loss or damage to fire-fighting, rescue or salvage equipment that has been removed from your ATV while the ATV is at the location of a fire. We are not liable for any payment under Sections A, B or C in respect of any claim arising out of any accident which occurs while your ATV as defined in the General Definitions of this policy is being operated by the person whose name is shown for this endorsement on the Summary of Coverage page. The deductible amount, if any, under Subsections 1, 3 or 4 of Section C of this policy shall also apply on each separate claim for loss or damage caused by fire or theft of the entire ATV and not as may otherwise be stated in Section C.
Limitation of Amount. A Letter of Credit shall be issued, amended or extended only if (and upon issuance, amendment or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment or extension, (i) the total Aggregate Exposure shall not exceed the Aggregate Commitments and (ii) the aggregate LC Outstandings of all Letters of Credit then outstanding (after giving effect to all issuances, amendments and extensions of Letters of Credit on such date) shall not exceed the lesser of (A) $50,000,000 and (B) the aggregate amount of the Commitments then scheduled to be in effect until the latest Final Maturity Date.
Limitation of Amount. COMPANY AGREES THAT IN NO EVENT WILL WORKSPOT’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID BY COMPANY TO WORKSPOT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR LIABILITY, PROVIDED, HOWEVER, THAT WITH RESPECT TO WORKSPOT’S INDEMNIFICATION OBLIGATION UNDER SECTION 10.2 OF THIS AGREEMENT, WORKSPOT’S LIABILITY SHALL NOT EXCEED THREE TIMES (3X) THE AGGREGATE AMOUNTS PAID BY COMPANY TO WORKSPOT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR LIABILITY. THIS LIMITATION IS CUMULATIVE, WITH ALL PAYMENTS TO COMPANY FOR CLAIMS OR DAMAGES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT, THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMITATION ON AMOUNT.
Limitation of Amount. A Letter of Credit shall be issued, amended or extended only if (and upon issuance, amendment or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment or extension (i) the Revolving Credit Exposure shall not exceed the aggregate amount of the Revolving Commitments and (ii) the Revenue Bond Credit Exposure shall not exceed the aggregate amount of the Revenue Bond Commitments.
Limitation of Amount. Notwithstanding the foregoing, the maximum principal amount of indebtedness that may be secured by this Mortgage is the Maximum Principal Amount as set forth on the cover of this Mortgage, and the maximum total amount that may be secured by this Mortgage is limited as set forth in SECTION 33.
Limitation of Amount. Notwithstanding anything in this Agreement to the contrary, if any of the compensation or benefits payable, or to be provided, to the Executive by the Company under this Agreement or otherwise are treated as Excess Severance Payments (whether alone or in conjunction with payments or benefits outside of this Agreement), the compensation and benefits provided under this Agreement or otherwise shall be modified or reduced in the manner provided in Section 2 below to the extent necessary so that the compensation and benefits payable or to be provided to the Executive under this Agreement that are treated as Severance Payments, as well as any compensation or benefits provided outside of this Agreement that are so treated, shall not cause the Company to have paid an Excess Severance Payment. In computing such amount, the parties shall take into account all provisions of Code Section 280G, and the regulations thereunder, including making appropriate adjustments to such calculation for amounts established to be Reasonable Compensation, and for amounts paid to the Executive as consideration for the Executive’s Non-Competition Obligation under Article VII of this Agreement. The determinations under this Section IV.1 with regard to Excess Severance Payments shall be made by an independent accounting firm selected by the Company and the Executive, which shall provide detailed supporting calculations to the parties.
