MONETARY LIMIT ON CLAIMS Sample Clauses

MONETARY LIMIT ON CLAIMS. 1.1 The Seller shall not be liable in respect of a claim under the Warranties or clause 9.1(f) of the agreement unless and until: (a) the amount of each individual substantiated claim against the Seller exceeds US$25,000 in which event the Seller’s liability shall be for the total amount of such substantiated claims and shall not be limited to the excess; and (b) the aggregate amount of all such substantiated claims against the Seller exceeds one per cent of the Share Consideration in which event the Seller’s liability shall not be limited to the excess. 1.2 The aggregate liability of the Seller in respect of all claims under the Warranties (other than the Warranties relating to Tax and other than claims under clause 8.1 or 9.1(f) of the agreement or Warranty paragraph 1.2 or 1.3) shall not exceed 50 per cent of the Share Consideration. The aggregate liability of the Seller in respect of claims under clauses 8.1 and 9.1(f) of the agreement and Warranties 1.2 and 1.3, when added to all other Warranty claims, shall not exceed the Share Consideration. In this paragraph 1 “substantiated” means a claim for which the Seller is liable (whether on its own, as a contributory or otherwise), and which is admitted, settled without admission of liability, or proved or determined in a court of competent jurisdiction.
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MONETARY LIMIT ON CLAIMS. Save in the case of any liability based upon fraud and including, without limitation, fraudulent concealment by any of the Warrantors: (a) the Troypeak Vendors (except NatWest) shall not be liable in respect of a claim under the Warranties or under the Troypeak Tax Deed, save for claims made pursuant to clause 2.1(a)(iv) or (v) of the Troypeak Tax Deed, unless and until the aggregate amount of all such substantiated claims against them exceeds (pound)50,000 in which event their liability shall be for the total amount of such substantiated claims and shall not be limited to the excess provided that (save in the case of fraud or fraudulent concealment by any of the Troypeak Vendors (except NatWest)) the aggregate liability of the Troypeak Vendors (except NatWest) in respect of all claims under the Warranties and the Troypeak Tax Deed shall not in any circumstances exceed the aggregate of (i) 82.35% of(pound)6,652,750 ("Basic Amount") and (ii) 82.35% of such part of the Adjustment Payment as is actually due (disregarding clause 2.6(f)-(j)) ("the Due Payment") to the Troypeak Vendors (except NatWest) Provided that, before the Due Payment is due, nothing in this para. (a) shall restrict the bringing and pursuing of any such claims and proceedings in respect thereof to judgment to establish liability and (insofar as the principal amount of claims do not exceed the Basic Amount) to establish quantum and, insofar as the principal amount of claims exceed the Basic Amount, the parties will procure that proceedings are stayed by agreement pending determination of the Due Payment.
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MONETARY LIMIT ON CLAIMS. 2.1 Save in the case of any liability based upon fraud and including without limitation fraudulent concealment by Xxxxxx, Xxxxxx shall not be liable in respect of a claim under: (a) the Indemnities or the Tax Deed unless and until the aggregate amount of all such substantiated claims against Xxxxxx exceeds (Pounds)100,000, and any claims under the Indemnities or the Tax Deed shall be counted towards the (Pounds)500,000 total referred to in paragraph 2.1(b) below; or (b) under the Warranties unless and until the aggregate amount of all such substantiated claims against Xxxxxx exceeds (Pounds)500,000,
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MONETARY LIMIT ON CLAIMS. 2.1 Save in the case of any liability based upon fraud and including without limitation fraudulent concealment by Dr. Xxxxxxx, Xx. Xxxxxxx shall not be liable in respect of a claim under the Warranties: (a) unless and until the aggregate amount of all such substantiated claims against Dr. Xxxxxxx xxxeeds L100,000 in which event Dr. Burstons's liability shall be for the total amount of such substantiated claims and shall not be limited to the excess provided that (save in the case of fraud or fraudulent concealment by Dr. Xxxxxxx) xxe aggregate liability of Dr. Xxxxxxx xx respect of all claims under the Warranties and under the Tax Deed shall not in any circumstances exceed the Consideration; (b) where the amount of such claim does not exceed L10,000 provided that claims arising out of the same subject matter shall be aggregated for those purposes. 2.2 In this paragraph 2 "SUBSTANTIATED" means a claim for which Dr. Xxxxxxx xx liable (whether individually, as a contributory or otherwise), and which is admitted, settled without admission of liability, or proved or determined in a court of competent jurisdiction.
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MONETARY LIMIT ON CLAIMS. Save in the case of any liability based upon fraud and including without limitation fraudulent concealment by the Warrantor, the Warrantor shall not be liable in respect of a claim under the Warranties unless and until the aggregate amount of all such claims (when aggregated with all claims under the Tax Deed) against the Warrantor exceeds US$50,000 in which event the Warrantor's liability shall be for the total amount of such claims and shall not be limited to the excess provided that (save in the case of fraud or fraudulent concealment by the Warrantor) the aggregate liability of the Warrantor in respect of all claims under the Warranties and the Tax Deed shall not in any circumstances exceed US $4,500,000.
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MONETARY LIMIT ON CLAIMS. 2.1 Save in the case of fraud or fraudulent concealment by Kemira, Kemira shall be under no liability in respect of any claim under the Kemira Warranties: (a) where the liability of Kemira in respect of that claim would (but for this paragraph) have been less than £100,000 (provided that two or more smaller claims arising out of the same facts or circumstances shall be treated as one claim for the purposes of this paragraph 2.1(a)); or (b) unless and until and only to the extent that the liability in respect of that claim (not being a claim for which liability is excluded under paragraph 2.1(a) above) when aggregated with the liability of Kemira in respect of all other such claims and all other claims for which Kemira is liable under schedule 13 of this agreement shall exceed £1 million, in which case Kemira shall be liable for the full amount and not just the excess. 2.2 Save in the case of fraud or fraudulent concealment by Kemira, the aggregate liability of Kemira in respect of all claims under the Kemira Warranties and the Kemira Tax Deed shall not in any circumstances exceed £20 million. (For the avoidance of doubt, the financial limit on Kemira’s maximum aggregate liability of £20 million in respect of the Kemira Warranties and the Kemira Tax Deed is a separate limitation from the maximum aggregate liability of £20 million of Kemira under the Environmental Indemnity set out in paragraph 3.2 of schedule 13 of this agreement.)
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MONETARY LIMIT ON CLAIMS. 2.1 Save in the case of fraud or fraudulent concealment by Terra, Terra shall be under no liability in respect of any claim under the Terra Warranties: (a) where the liability of Terra in respect of that claim would (but for this paragraph) have been less than £100,000 (provided that two or more smaller claims arising out of the same facts or circumstances shall be treated as one claim for the purposes of this paragraph 2.1(a)); or (b) unless and until and only to the extent that the liability in respect of that claim (not being a claim for which liability is excluded under paragraph 2.1(a) above) when aggregated with the liability of Terra in respect of all other such claims and all other claims for which Terra is liable under schedule 13 of this agreement shall exceed £1 million, in which case Terra shall be liable for the full amount and not just the excess. 2.2 Save in the case of fraud or fraudulent concealment by Terra, the aggregate liability of Terra in respect of all claims under the Terra Warranties and the Terra Tax Deed shall not in any circumstances exceed £20 million. (For the avoidance of doubt, the financial limit on Terra’s maximum aggregate liability of £20 million in respect of the Terra Warranties and the Terra Tax Deed is a separate limitation from the maximum aggregate liability of £20 million of Terra under the Environmental Indemnity set out in paragraph 3.2 of schedule 13 of this agreement.)
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Related to MONETARY LIMIT ON CLAIMS

  • Monetary Limitations The Buyer shall have no obligation to indemnify the Seller Indemnified Persons in respect of Losses arising from the breach of, or inaccuracy in, any representation or warranty pursuant to Section 10.2.1(a) or Losses arising from the breach of any covenant or agreement to be performed prior to Closing pursuant to Section 10.2.1(b), unless the aggregate amount of all such Losses incurred or suffered by the Seller Indemnified Persons exceeds the Threshold Amount, in which case the Buyer shall indemnify the Seller Indemnified Persons for all such Losses, including the Threshold Amount, and not only to the extent such Losses exceed the Threshold Amount, and the Buyer’s aggregate Liability in respect of Indemnification Claims arising from the breach of, or inaccuracy in, any representation or warranty pursuant to Section 10.2 1(a) and Indemnification Claims brought after Closing arising from the breach of any covenant or agreement to be performed prior to the Closing pursuant to Section 10.2.1(b) will not exceed Three Million Dollars ($3,000,000); provided, however, that the foregoing monetary limitations in this Section 10.2.2 will not apply to Indemnification Claims pursuant to Sections 10.2.1(a) in respect of breaches of, or inaccuracies in, representations and warranties set forth in Sections 5.1 (Organization), 5.2 (Power and Authorization), 5.4(e) (Breach of Organizational Documents) or 5.6 (No Brokers). Indemnification Claims pursuant to Sections 10.2.1(c) or 10.2.1(d), or for Losses arising from the breach of any covenant or agreement to be performed by the Buyer after the Closing pursuant to Section 10.2.l(b), are not subject to the monetary limitations set forth in this Section 10.2.2.

  • CAP ON MONETARY LIABILITY EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED, OR , THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS AGAINST THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY NEOGOV FROM RESELLER IN CONNECTION WITH YOUR SERVICES IN THE 12 MONTH PERIOD PRECEDING THE DATE OF THE EVENT INITIALLY GIVING RISE TO SUCH LIABILITY. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT.

  • Time Limits on Claims Claims by either party must be made within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice and include all facts and detailed cost data substantiating the Claim. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner.

  • Workers’ Compensation Claims The Responding Member is responsible for providing worker’s compensation benefits and administering worker’s compensation for its employees. The Requesting Member is responsible for providing worker’s compensation benefits and administering worker’s compensation for its employees.

  • Compensation Claims Section 1. When an injury is reported the reference number will be given to the employee and when requested, a copy of the injury report will be furnished to the employee within two (2) working days of such request. A copy of the injury report will also be furnished to the Local Union if requested by a Local Union official. The Employer agrees to cooperate and make a reasonable effort to provide the disposition of employee on-the-job injury claims within ten (10) business days. No employee will be disciplined or threatened with discipline or retaliated against as a result of filing an on-the-job injury report. The Employer or its designee shall not visit an injured worker at his/her their home. The Employer shall provide the Union Co-chair of the National Safety and Health Committee with current summaries of the essential functions of all positions covered by this Agreement. The Union shall have the right to challenge any such summary through the applicable grievance procedure. Any employee who is adversely affected by any such summary shall have the right to challenge such summary through the applicable grievance procedure. Any such decisions or settlements rendered through the grievance procedure, including but not limited to, at arbitration, shall be based solely upon, and applicable to, the facts present in that individual case and shall have no precedential effect beyond that case. This stipulation is limited to cases involving or referencing essential job functions. The Employer shall provide Worker’s Compensation protection for all employees even though not required by state law or the equivalent thereof if the injury arose out of or in the course of employment. An employee who is injured on the job, and is sent home, or to a hospital, or who must obtain medical attention, shall receive pay at the applicable hourly rate for the balance of his/her their regular shift on that day. Upon receiving an employee’s timely report of injury, the Employer shall not pressure an employee to continue to work, nor shall the Employer interfere with an employee seeking medical attention. When, because of such pressure, an employee spends time in a clinic after his or her their normal finish time, the time spent shall be the subject of a pay claim through the grievance procedure. An employee who has returned to regular duties after sustaining a compensable injury, and who is required by the Worker’s Compensation doctor to receive additional medical treatment during the employee’s regularly scheduled working hours, shall receive the employee’s regular hourly rate of pay for such time. The Employer agrees to provide any employee injured locally immediate transportation, at the time of injury, from the job to the nearest appropriate medical facility and return to the job, or to the employee’s home, if required. In such cases, no representative of the Employer shall be permitted to accompany the injured worker while he/she is they are receiving medical treatment and/or being examined by the medical provider, without the employee’s consent. In the event that any employee sustains an occupational illness or injury while on a run away from the home terminal, the Employer shall obtain medical treatment for the employee, if necessary, and, thereafter, will provide transportation by bus, train, plane or automobile to the employee’s home terminal, if and when directed by a doctor. An employee that has a change in his/her their medical duty status shall report that change to the Employer. In the event of a fatality, arising in the course of employment while away from the home terminal, the Employer shall return the deceased to the home of the deceased at the point of domicile.

  • PERSONAL INJURY BENEFITS A. 1. Whenever a teacher is absent from duty as a result of personal injury caused by an accident or an assault and/or battery upon the teacher arising out of and in the course of employment, the teacher will be paid full salary (less the amount of any worker's compensation paid for said injury) for the period of such absence not to exceed 189 working days.

  • Monetary Damages In the event that the Partnership breaches its obligations set forth in Article 2, Article 3, or Article 6 with respect to a Protected Partner the Protected Partner’s sole right shall be to receive from the Partnership, and the Partnership shall pay to such Protected Partner as damages, an amount equal to: (a) in the case of a violation of Articles 3 or 0, xxx xxxxxxxxx xxxxxxx, xxxxx and local income taxes incurred by the Protected Partner or an Indirect Owner as a result of the income or gain allocated to, or otherwise recognized by, such Protected Partner with respect to its Units by reason of such breach; (b) in the case of a violation of Article 0, xxx xxxxxxxxx xxxxxxx xxxxx, and local income taxes incurred by the Protected Partner or an Indirect Owner with respect the Excess Protected Gain incurred with respect to the Gain Limitation Property that is allocable to such Protected Partner under the Partnership Agreement and Section 2.3 hereof (computed without regard to the principles set forth in the parenthetical in the first paragraph of Section 2.1); plus in the case of either (a) or (b), an amount equal to the aggregate federal, state, and local income taxes payable by the Protected Partner or an Indirect Owner as a result of the receipt of any payment required under this Section 4.1. For purposes of computing the amount of federal, state, and local income taxes required to be paid by a Protected Partner (or Indirect Owner), (i) any deduction for state income taxes payable as a result thereof actually allowed in computing federal income taxes shall be taken into account, and (ii) a Protected Partner’s (or Indirect Owner’s) tax liability shall be computed using the highest federal, state and local marginal income tax rates that would be applicable to such Protected Partner’s (or Indirect Owner’s) taxable income (taking into account the character and type of such income or gain) for the year with respect to which the taxes must be paid, without regard to any deductions, losses or credits that may be available to such Protected Partner (or Indirect Owner) that would reduce or offset its actual taxable income or actual tax liability if such deductions, losses or credits could be utilized by the Protected Partner (or Indirect Owner) to offset other income, gain or taxes of the Protected Partner(or Indirect Owner), either in the current year, in earlier years, or in later years).

  • Self-Insured Retention/Deductibles Certificates of Insurance must indicate the applicable deductible/self-insured retention on each policy. Deductibles or self-insured retentions above $100,000 are subject to approval from OGS, which shall not be unreasonably withheld, conditioned or delayed. Vendor and Contractors shall be solely responsible for all claim expenses and loss payments within the deductible or self-insured retention.

  • Insured Claims To indemnify Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties, and amounts paid in settlement) to the extent such expenses or liabilities have been paid directly to Indemnitee by an insurance carrier under a policy of officers’ and directors’ liability insurance maintained by the Company; or

  • Public Liability and Property Damage Insurance LESSEE will carry and maintain in effect, at its own expense, with Approved Insurers, public liability insurance (including, without limitation, contractual liability, and passenger legal liability), and property damage insurance with respect to the Aircraft, in amounts per occurrence of not less than the Minimum Liability Coverage, or such greater amounts as LESSEE may carry from time to time on other similar aircraft in its fleet. LESSEE shall not discriminate against the Aircraft in providing such insurance. Each and any policy of insurance carried in accordance with this Subsection (A), and each and any policy obtained in substitution or replacement for any of such policies, (i) shall designate each Indemnitee as additional insureds as their interests may appear (but without imposing upon any obligation imposed upon the insured, including, without limitation, the liability to pay any premiums for any such policies, but the Indemnitees shall have the right to pay such premiums if it shall so elect), and (ii) shall expressly provide that, in respect of the interests of the Indemnitees in such policies, the insurance shall not be invalidated by any action or inaction of the LESSEE or any other Person (other than the Indemnitees, each for their respective interests), and shall insure, regardless of any breach or violation by LESSEE or any other Person (other than the Indemnitees, each for their respective interests) of any warranty, declaration or condition contained in such policies, (iii) shall provide that if such insurance is canceled for any reason whatsoever, or is adversely changed in any way with respect to the interests of the Indemnitees, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to the Indemnitees for thirty (30) days (seven (7) days in the case of any war risks and allied perils coverage or such lesser time which may be standard in the insurance industry and ten (10) days in the event of nonpayment of premium), in each instance, after receipt by each of the Indemnitees of written notice by such insurer or insurers sent to the Indemnitees of such prospective cancellation, change or lapse, (iv) shall include coverage for any country in which the Aircraft is located, (v) shall provide that, as against the Indemnitees, the insurer shall waive any rights of set-off, counterclaim or any other deduction, whether by attachment or otherwise, and waives any rights it may have to be subrogated to any right of any insured against the Indemnitees, with respect to the Aircraft, (vi) shall provide war risk and allied perils coverage pursuant to the AVN52 extended coverage endorsement or its equivalent, and (vii) shall insure (to the extent of the risks covered by the policies) the indemnity provisions of Section 14. Each liability policy shall be primary without right of contribution from any other insurance which may be carried by any Indemnitee, and shall expressly provide that all of the provisions thereof (except the limits of liability) shall operate in the same manner as if there were a separate policy covering each insured. No liability policy shall permit any deductible or self-insurance provision except for baggage as is customary in the industry and such other deductibles only with the consent of the LESSOR, which consent shall not be unreasonably withheld or delayed, which from time to time LESSEE can demonstrate are standard in comprehensive liability insurance and, in particular, public liability risks (including, inter alia, contractual liability and passenger liability coverage) for U.S. Air Carriers in the then current United States insurance market.

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