Losses and Costs Sample Clauses

Losses and Costs. Nothing in this agreement shall limit or exclude FP’s liability for death or personal injury arising out of FP’s negligence or for fraud. Subject to that, FP will not be liable for any loss of business or profit or any indirect special contingent or consequential or economic loss or damage, howsoever arising including without limitation by reason of FP’s negligence. FP’s entire liability under this agreement (save for death or personal injury arising out of FP’s negligence or for fraud) shall not exceed the total of all amounts paid by you hereunder (excluding VAT).
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Losses and Costs. 4.2 In these terms and conditions the expression “Agreed Deposit Balance” means the stated otherwise overleaf, all franking labels and ink cartridges must be paid for. Nothing in this agreement shall limit or exclude FP’s liability for death or personal injury amount which you have agreed with us should stand (as a minimum) to your credit on your teleset account with us (“the Teleset Account”) to enable anticipated Meter resetting requirements to be satisfied. The initial amount of the Agreed Deposit Balance is specified overleaf, but we may agree with you to vary such amount. You agree to maintain the Agreed Deposit Balance at all times. 4.3 You will only be able to reset the Equipment if the reset can be paid out of the funds in your Teleset Account. However, FP may agree to advance funds to facilitate a reset, but if FP does so you must repay FP immediately and FP will charge you its’ then current administration fee. 4.4 Direct Debit customers are entitled to twelve free postage resets per annum. All non Direct Debit customers are entitled to six free postage resets per annum. Charges will be made to your account if you use over the free resets stated above and/or if resets are effected by any means other than Direct Debit, in accordance with FP’s then current postage reset charge. 4.5 FP can deduct and transfer from your Teleset Account:- (i) any amounts payable to FP or Royal Mail in respect of resets or otherwise; (ii) any amounts paid into your Teleset Account in error or which do not relate to re- setting. 4.6 Direct debit instructions can be used by FP to collect amounts necessary to restore the Agreed Deposit Balance and pay any amounts payable to FP. FP will not do so without prior notice to you. 4.7 Interest accruing on the Teleset Account belongs to FP. Bank charges can be deducted from the Teleset Account but FP will re-credit those. 6.2 If you have contracted for “Plus” and/or “Privilege Plus” rental:- 6.2.1 FP approved franking labels will be provided free of charge up to 1,000 labels per annum (ie each 12 month period of your contract). Labels above that amount must be paid for. 6.2.2 FP approved ink cartridges will be provided free of charge up to 3 standard ink cartridges per annum (i.e. each 12 month period of your contract). Ink cartridges above that amount must be paid for. 6.3 You must provide FP with information on your postage use. This may be put implemented at FP’s discretion. 6.4 Replacement ink cartridges should be ordered as s...
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Losses and Costs. Nothing in this Agreement excludes or limits FP’s liability for fraud, fraudulent misrepresentation or death or personal injury arising out of negligence. Subject to that, under no circumstances will we be responsible for any loss of business or profit or any other indirect special contingent or consequential loss or damage, howsoever arising including without limitation by reason of our negligence. Our entire liability under this Agreement (save as foresaid) inclusive of all costs shall not exceed the total of all Maintenance Charges paid by you hereunder and any other amounts paid by you under clause 7 excluding VAT.
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Losses and Costs. Under no circumstances will we be responsible for any loss of business or profit or any other indirect special contingent or consequential loss or damage, howsoever arising including without limitation by reason of our negligence. Our entire liability under this Agreement (save for death or personal injury arising out of our negligence) shall not exceed the total of all maintenance charges paid by you hereunder and any other amounts paid by you under clause 7, inclusive of all costs. Nothing in this Agreement shall limit or exclude our liability for death or personal injury arising out of our negligence (a) By accepting these terms and conditions you agree that use of Wifi with your mailing equipment is at your own risk. FP does not accept any responsibility for data loss, viruses or malware that may affect your devices through using this type connection.
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Losses and Costs. If the present value of the Non-Defaulting Party's aggregate Losses and Costs (net of any amounts due to the Defaulting Party) exceed the present value of its aggregate Gains, all as finally determined in accordance with the preceding provisions of this Article XXI, the Defaulting Party shall, within five (5) Business Days of such final determination, pay the Settlement Amount to the Non-Defaulting Party, including interest thereon at the Interest Rate from the Early Termination Date until paid in full. If the Defaulting Party disputes the Non-Defaulting Party's calculation of the Settlement Amount, the Defaulting Party will provide its calculations to the Non-Defaulting Party within two (2) business Days of receipt of calculation from the Non-Defaulting Party. The Defaulting Party shall nevertheless pay to the Non-Defaulting Party the undisputed portion of the Settlement Amount and provide Performance Assurance for the remaining amount.
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Losses and Costs. Under no circumstances will we be responsible for any loss of business or profit or any other indirect special contingent or consequential loss or damage, howsoever arising including without limitation by reason of our negligence. Our entire liability under this Agreement (save for death or personal injury arising out of our negligence) shall not exceed the total of all maintenance charges paid by you hereunder and any other amounts paid by you under clause 7, inclusive of all costs. Nothing in this Agreement shall limit or exclude our liability for death or personal injury arising out of our negligence
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Losses and Costs. 13.1 Nothing in this Agreement excludes or limits FP’s liability for fraud, fraudulent misrepresentation or death or personal injury arising out of negligence or any other loss which cannot be lawfully excluded or limited. 13.2 Subject to clause 13.1, under no circumstances will we be responsible for any loss of business or profit or any other indirect special contingent or consequential loss or damage, howsoever arising including without limitation by reason of our negligence. 13.3 Subject to clauses 13.1 and 13.2, our aggregate liability under this Agreement, inclusive of all costs, shall not exceed the total of all Maintenance Charges paid by you hereunder and any other amounts paid by you under clause 7, in all cases excluding VAT.
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Related to Losses and Costs

  • Expenses and Costs Each Borrower, jointly and severally, agrees to pay and to save the Agent and the Lenders harmless for the payment of all fees, out-of-pocket disbursements, and other costs and expenses incurred by or on behalf of the Agent or any Lender arising in any way in connection with this Amendment, or any other document relating to indebtedness described in the recitals to this Amendment, including the fees and expenses of Dickinson Wright PLLC, counsel to the Agent, and AlixPartners, LLC, cxxxxxxxxx xx xxx Agent, and specifically including, without limitation, (a) the cost of any financial audit or inquiry conducted by the Agent, any Lender or their consultants, (b) the fees and expenses of counsel for the Agent or any Lender for the work performed as a result of the Borrowers' defaults or financial problems, and for the preparation, examination and approval of this Amendment or any documents in connection with this Amendment, (c) for the payment of all fees and out-of-pocket disbursements incurred by the Agent or any Lender, including attorneys' fees, in any way arising from or in connection with any action taken by the Agent or any Lender to monitor, advise, enforce or collect the obligations described in the recitals hereto or to enforce any obligations of the Borrowers or any Guarantor under this Amendment or the other documents referred to herein, including any actions to lift the automatic stay or to otherwise in any way participate in any bankruptcy, reorganization or insolvency proceeding of any Borrower or Guarantor or in any trial or appellate proceedings, and (d) any expenses or fees (including attorneys' fees) incurred in relation to or in defense of any litigation instituted by any Borrower, any Guarantor or any third party against the Agent or any Lender arising from or relating to the obligations described in the recitals hereto or this Amendment, including any so-called "lender liability" action. All of these expenses and fees (including attorneys' fees) shall be part of the Obligations owing under the Credit Agreement, and shall be secured by all of the collateral described in the Collateral Documents. In the event the Borrowers fail to pay any such fees, expenses and costs within five (5) days of being invoiced therefor, the Agent or the Lenders, as the case may be, shall be permitted to charge the accounts of any Borrower for such fees, expenses and costs, without prejudice to any other rights or remedies of the Agent or the Lenders. The rights and remedies of the Agent and the Lenders contained in this paragraph shall be in addition to, and not in lieu of, the rights and remedies contained in the Credit Agreement, the Collateral Documents and as otherwise provided by law.

  • Losses After giving effect to the special allocations in Section 3.3 and 3.4 hereof, Losses for any Fiscal Year shall be allocated among the Unit Holders in proportion to Units held.

  • Attorneys’ Fees and Costs If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.

  • Funding Losses, Etc All prepayments under this Section 2.05 shall be made together with, in the case of any such prepayment of a Eurocurrency Rate Loan on a date other than the last day of an Interest Period therefor, any amounts owing in respect of such Eurocurrency Rate Loan pursuant to Section 3.05. Notwithstanding any of the other provisions of Section 2.05(b), so long as no Event of Default shall have occurred and be continuing, if any prepayment of Eurocurrency Rate Loans is required to be made under this Section 2.05(b), prior to the last day of the Interest Period therefor, the Borrower may, in its sole discretion, deposit the amount of any such prepayment otherwise required to be made thereunder into a Cash Collateral Account until the last day of such Interest Period, at which time the Administrative Agent shall be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of such Loans in accordance with this Section 2.05(b). Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall also be authorized (without any further action by or notice to or from the Borrower or any other Loan Party) to apply such amount to the prepayment of the outstanding Loans in accordance with this Section 2.05(b).

  • Attorney Fees and Costs Unless prohibited by law, if Grantor prevails in any proceeding to enforce the terms of this Agreement, including any administrative hearing pursuant to the Grant Funds Recovery Act or the Grant Accountability and Transparency Act, the Grantor has the right to recover reasonable attorneys’ fees, costs and expenses associated with such proceedings.

  • Uninsured Losses; Proceedings Against Assets There shall occur any material uninsured damage to or loss, theft or destruction of any of the Collateral in excess of $5,000,000 or the Collateral or any other of the Loan Parties’ or any of their Subsidiaries’ assets are attached, seized, levied upon or subjected to a writ or distress warrant; or such come within the possession of any receiver, trustee, custodian or assignee for the benefit of creditors and the same is not cured within thirty (30) days thereafter;

  • Attorneys’ Fees and Cost of Collection In the event any suit, action or arbitration is filed by either party against the other to interpret or enforce any of the Transaction Documents, the unsuccessful party to such action agrees to pay to the prevailing party all costs and expenses, including attorneys’ fees incurred therein, including the same with respect to an appeal. The “prevailing party” shall be the party in whose favor a judgment is entered, regardless of whether judgment is entered on all claims asserted by such party and regardless of the amount of the judgment; or where, due to the assertion of counterclaims, judgments are entered in favor of and against both parties, then the arbitrator shall determine the “prevailing party” by taking into account the relative dollar amounts of the judgments or, if the judgments involve nonmonetary relief, the relative importance and value of such relief. Nothing herein shall restrict or impair an arbitrator’s or a court’s power to award fees and expenses for frivolous or bad faith pleading. If (i) the Note is placed in the hands of an attorney for collection or enforcement prior to commencing arbitration or legal proceedings, or is collected or enforced through any arbitration or legal proceeding, or Investor otherwise takes action to collect amounts due under the Note or to enforce the provisions of the Note, or (ii) there occurs any bankruptcy, reorganization, receivership of Company or other proceedings affecting Company’s creditors’ rights and involving a claim under the Note; then Company shall pay the costs incurred by Investor for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys’ fees, expenses, deposition costs, and disbursements.

  • Fees and Costs As part of the Appeal Panel Award, the Appeal Panel is hereby directed to require the losing party (the party being awarded the least amount of money by the arbitrator, which, for the avoidance of doubt, shall be determined without regard to any statutory fines, penalties, fees, or other charges awarded to any party) to (a) pay the full amount of any unpaid costs and fees of the Arbitration and the Appeal Panel, and (b) reimburse the prevailing party (the party being awarded the most amount of money by the Appeal Panel, which, for the avoidance of doubt, shall be determined without regard to any statutory fines, penalties, fees, or other charges awarded to any part) the reasonable attorneys’ fees, arbitrator and Appeal Panel costs and fees, deposition costs, other discovery costs, and other expenses, costs or fees paid or otherwise incurred by the prevailing party in connection with the Arbitration (including without limitation in connection with the Appeal).

  • Losses in Excess of the Stated Threshold In the event that the sum of the Cumulative Loss Amount under this Single Family Shared-Loss Agreement and the Stated Loss Amount under the Commercial Shared-Loss Agreement meets or exceeds the Stated Threshold, the loss/recovery sharing percentages set forth herein shall change from 80/20 to 95/5 and thereafter the Receiver shall pay to the Assuming Bank, in immediately available funds, an amount equal to ninety-five percent (95%) of the Monthly Shared-Loss Amount reported on the Monthly Certificate. If the Monthly Shared-Loss Amount reported on the Monthly Certificate is a negative number, the Assuming Bank shall pay to the Receiver in immediately available funds ninety-five percent (95%) of that amount.

  • Profits Losses and Distributions A. Each Member shall share all profits and losses, pro rata, in proportion to the Member's Interest in the Company. A Member's Interest shall be defined as a Member's pro rata share of ownership in the Company. B. Any distribution of cash or any other property of the company shall be distributed in the following order: (1) payment of taxes; (2) payment of any indebtedness including debts owing to any Member and any other expenses; and (3) to the Members in accordance with each Member's Interest in the Company.

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