Recoverable Losses. Subject to Clause 36.2 (Financial Limits), and notwithstanding Clause 36.3 (Non-recoverable Losses), the Supplier acknowledges that the Customer may, amongst other things, recover from the Supplier the following Losses incurred by the Customer to the extent that they arise as a result of a Default by the Supplier: any additional operational and/or administrative costs and expenses incurred by the Customer, including costs relating to time spent by or on behalf of the Customer in dealing with the consequences of the Default; any wasted expenditure or charges; the additional cost of procuring Replacement Goods and/or Services for the remainder of the Call Off Contract Period and/or replacement Deliverables, which shall include any incremental costs associated with such Replacement Goods and/or Services and/or replacement Deliverables above those which would have been payable under this Call Off Contract; any compensation or interest paid to a third party by the Customer; and any fine, penalty or costs incurred by the Customer pursuant to Law.
Recoverable Losses. (a) The liability of a party to any other party for any act or omission (including any act or omission amounting to a breach of this agreement or a breach of statute or any negligent act or omission) under or in connection with this agreement (including any Transaction) is limited to the recovery by that party of Direct Loss less any amount of Excluded Loss relating to that other party in respect of that act or omission.
(b) No party is liable to any other party under or in connection with this agreement in any circumstances for any amount in respect of or comprising Consequential Loss however arising (including, without limitation, at law, in equity or pursuant to statute) and all such liability is excluded.
(c) Clause 24.3(a) and clause 24.3(b) apply:
(i) to limit or exclude liability to the maximum extent permitted by law;
(ii) subject to clause 24.5;
(iii) subject to any provision which provides for an exclusive remedy in respect of the act or omission; and (iv) without prejudice and subject to clause 24.1 and clause 24.3A.
Recoverable Losses. 29.4.1 Subject to Clause a)29.2.1 (Financial Limits), and notwithstanding Clause a)29.3.1 (Non-recoverable Losses), the Supplier acknowledges that the Authority may, amongst other things, recover from the Supplier the following Losses incurred by the Authority to the extent that they arise as a result of a Default by the Supplier:
(a) any additional operational and or administrative costs and expenses incurred by the Authority, including costs relating to time spent by or on behalf of the Authority in dealing with the consequences of the Default;
(b) any wasted expenditure or charges;
(c) the additional cost of procuring Replacement Services for the remainder of the Contract Period , which shall include any incremental costs associated with such Replacement Services above those which would have been payable under this Contract;
(d) any compensation or interest paid to a third party by the Authority; and
(e) any fine, penalty or costs incurred by the Authority pursuant to Law.
Recoverable Losses. Losses recoverable pursuant to Section 7.01(a) or Section 7.01(b) shall be limited to Losses that are incurred by the Company and that are of the type that are reasonably expected to result from, arise out of, or relate to the matter or matters that give rise to the claim for indemnification; provided, however, that for the avoidance of doubt diminution in the value of the Business, the CLO Interests or the Company Equity directly resulting from, arising out of or relating to the breach of representation, warranty, statement, covenant or agreement giving rise to such claim for indemnification shall constitute Losses that are recoverable pursuant to Section 7.01(a) or Section 7.01(b). Anything in this Agreement to the contrary notwithstanding, Losses recoverable under Section 7.01(a)(ii) and Section 7.01(b)(ii) shall not include Losses arising out of, relating to or resulting from, Specified Liabilities.
Recoverable Losses. Losses recoverable pursuant to Section 7.02(a) shall be limited to Losses that result from, arise out of, or relate to the type that are reasonably expected to result from, arise out of, or relate to the matter or matters that give rise to the claim for indemnification; provided, however, that for the avoidance of doubt the diminution in value of the Equity Consideration directly resulting from, arising out of or relating to the breach of any representation, warranty, statement, covenant or agreement giving rise to such claim for indemnification shall constitute Losses that are recoverable pursuant to Section 7.02(a)).
Recoverable Losses. The liability of a party to any other party for any act or omission (including any act or omission amounting to a breach of this agreement or a breach of statute or any negligent act or omission) under or in connection with this agreement (including any Transaction) is limited to the recovery by that party of Direct Loss less any amount of Excluded Loss relating to that other party in respect of that act or omission. No party is liable to any other party under or in connection with this agreement in any circumstances for any amount in respect of or comprising Consequential Loss however arising (including, without limitation, at law, in equity or pursuant to statute) and all such liability is excluded. Clause 24.3(a) and clause 24.3(b) apply: to limit or exclude liability to the maximum extent permitted by law; subject to clause 24.5; subject to any provision which provides for an exclusive remedy in respect of the act or omission; and without prejudice and subject to clause 24.1.
Recoverable Losses. (a) The liability of a party to any other party for any act or omission (including any act or omission amounting to a breach of this agreement or a breach of statute or any negligent act or omission) under or in connection with this agreement (including any Transaction) is limited to the recovery by that party of Direct Loss less any amount of Excluded Loss relating to that other party in respect of that act or omission.
(b) No party is liable to any other party under or in connection with this agreement in any circumstances for any amount in respect of or comprising Consequential Loss however arising (including, without limitation, at law, in equity or pursuant to statute) and all such liability is excluded.
Recoverable Losses. Clause 18.4 shall not limit or exclude the Authority's right to recover any of the following:
(a) direct loss as a result of failure by the Authority to achieve value for money under this Agreement arising from a Default by the Contractor;
(b) additional or administrative costs and expenses incurred by the Authority arising from a Default by the Contractor;
(c) expenditure or charges incurred by the Authority as a result of, or rendered unnecessary as a result of, a Default by the Contractor;
(d) additional costs to maintain the Services arising from a Default by the Contractor, including the cost of implementing and performing workarounds;
(e) the cost of procuring Replacement Services;
(f) the costs and expenses of restoring and rectifying lost or corrupt Project Data arising from a Default by the Contractor;
(g) advertising costs reasonably incurred to limit damage caused to the Authority's reputation and goodwill arising from a Default by the Contractor;
(h) the costs and expenses of conducting an audit, investigation, evaluation (including a financial evaluation) or request for information by an Authority Related Party in connection with a Default by the Contractor; and
(i) amounts equal to fines, penalties and other sanctions imposed by any court, tribunal, regulator or other governmental authority including any associated costs and expenses on the Authority as a result of a Default by the Contractor, and the Contractor assumes responsibility for losses falling within these categories.
Recoverable Losses. The Vendors shall not be liable in respect of any Direct Claim if and to the extent (i) the Direct Claim relates to any Losses in relation to which the Purchaser or any of the Purchased Corporations has effectively "net" recovered all or part of the Losses from third Parties (whether by payment, discount, credit, relief, insurance or otherwise) or (ii) the Direct Claim relates to any Losses which have effectively "net" recovered by the Purchaser or any of the Purchased Corporations from its insurers, it being understood that the Purchaser shall procure that the Purchased Corporations have in place at all times insurance cover of a type and affording the same or at least equivalent degree of cover as that in force pursuant to the insurance policies taken out by the Purchased Corporations on the Agreement Date. The Purchaser shall in any case procure that, before steps are taken to seek recovery from the Vendors in respect of such Direct Claim, all reasonable steps are taken to enforce such recovery against the relevant third Party respectively insurer. The notion "net" recovery means that the amount recovered shall be calculated for the purposes of this Section 14.6.7 after deducting (in either case) (i) all reasonable costs incurred by the Purchaser or the Purchased Corporation concerned in recovering the sum from the third Party respectively insurer and (ii) all Tax payable by the Purchaser or the Purchased Corporation concerned by virtue of the receipt of the amount recovered. Agreement of Purchase and Sale of Shares /74
