RETENTIONS AND LIMITS Sample Clauses

RETENTIONS AND LIMITS. A. Coverage A (Each Insured Coverage): The Company shall retain and be liable for the first $X amount as per the table below of the Paid portion of Ultimate Net Loss as respects any one original policy, each claim. The Reinsurer shall then be liable for the amount by which such Paid portion of Ultimate Net Loss exceeds the Company's Retention, but the liability of the Reinsurer shall not exceed $13,000,000 Ultimate Net Loss plus pro rata Loss Adjustment Expenses as respects any one original policy, each claim. Notwithstanding the above, the Company shall also retain, in each contract year, the first $13,000,000 of the Paid portion of Ultimate Net Loss plus pro rata Loss Adjustment Expenses in the aggregate otherwise recoverable under Coverage A. States Class of Business Retention $X = ------ ----------------- -------------- Other than PA Medical & Dental Practitioner Prof. Lab. $2,000,000 Other than PA Hospital & All Other Health Care Institutions Professional Liability $3,000,000 PA All Professional Liability (Physicians, Surgeons & Institutions) $2,200,000 All States General Liability, Employers' Liability, Automobile Liability and all Non Professional Liability Coverage written in respect of Health Care Institutions or in conjunction with Professional Liability (health care) coverages. $3,000,000 In no event shall the Reinsurer be liable, in each contract year, for more than $39,000,000 in respect of the sum of the Paid portion of Ultimate Net Loss and Pro rata Loss Adjustment Expense, Loss in Excess of Policy Limits, and Extra Contractual Obligations, in the aggregate for Coverage A. B. Coverage B (Each Insured Coverage): For purposes of Coverage B only, the Company shall retain and be liable for the Paid portion of Ultimate Net Loss equal to the sum of the Retention 4 and Limit under Coverage A as respects any original policy, each claim. The Reinsurer shall then be liable for 90% of the amount by which the Paid portion of Ultimate Net Loss exceeds the sum of the Retention and Limit under Coverage A, but the liability of the Reinsurer shall not exceed 90% of $10,000,000 plus pro rata Loss Adjustment Expenses as respects any original policy, each claim. In no event shall the Reinsurer be liable, in each contract year, for more than $27,000,000 (being 90% of $30,000,000) in respect of the sum of the Paid portion of Ultimate Net Loss and Pro rata Loss Adjustment Expense, Loss in Excess of Policy Limits, and Extra Contractual Obligations, in the Aggregate...
Sample 1
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RETENTIONS AND LIMITS. A. COVERAGE A (Each Insured Coverage): The COMPANY shall retain and be liable for the first $X amount as per the table below of paid Ultimate Net Loss as respects any one original policy, each claim. The REINSURER shall then be liable for the amount by which such paid ULTIMATE NET LOSS exceeds the COMPANY'S RETENTION, but the liability of the REINSURER shall not exceed $8,000,000 ULTIMATE NET LOSS plus pro rata LOSS ADJUSTMENT EXPENSES as respects any one original policy, each claim. Notwithstanding the above, the COMPANY shall also retain the first $8,000,000 of paid ULTIMATE NET LOSS plus pro rata LOSS ADJUSTMENT EXPENSES in the aggregate otherwise recoverable under COVERAGE A. States Class of Business Retention $X = ------ ----------------- -------------- Other than PA Medical & Dental Practitioner Prof. Liab. $2,000,000 Other than PA Hospital & All Other Health Care Institutions Professional Liability $3,000,000 PA All Professional Liability (Physicians, Surgeons & Institutions) $2,200,000 All States General Liability, Employers' Liability, Automobile Liability and all Non Professional Liability Coverage written in conjunction with Professional Liability (health care) coverages. $3,000,000
Sample 1
RETENTIONS AND LIMITS. 1. Subject to the terms, limits and conditions of this Contract, the Ceding Companies hereby agree to cede, and the Reinsurer hereby accepts and agrees to reinsure eighty-five percent (85%) (the “Reinsurer’s Share”) of the Ultimate Net Loss paid (when such payment is recognized in the Ceding Companies’ accounting systems) by the Ceding Companies in excess of seven hundred sixteen million six hundred thousand Dollars ($716,600,000) (the “Retention”), subject to an overall aggregate limit of four hundred sixty-seven million one hundred thousand Dollars ($467,100,000) (the “Aggregate Limit”), with the Reinsurer’s Share of the Aggregate Limit being three hundred ninety seven million thirty five thousand Dollars ($397,035,000). 2. The Ceding Companies hereby agree that they shall not reinsure with any third party and shall retain net for their own accounts a minimum of fifteen percent (15%) of the Ultimate Net Loss paid (when such payment is recognized in the Ceding Companies’ accounting systems) by the Ceding Companies in excess of the Retention and up to the Aggregate Limit; provided that the foregoing shall not apply to or restrict Third-Party Reinsurance in place as of the Closing Date, which Third-Party Reinsurance shall inure to the benefit of this Contract.
Sample 1

Related to RETENTIONS AND LIMITS

  • RETENTION AND LIMIT The Reinsurer will accept a fixed proportion of [up to 30%] of the Company's loss on the first $1,000,000 on behalf of the Company under each and every Policy subject to this Agreement, as follows: [4/1/02 to 3/31/03 10%, 4/1/03 to 12/31/06 15%].

  • Conditions and Limitations The admission of any Person as a Substituted Member or an Additional Member shall be conditioned upon (i) such Person’s written acceptance and adoption of all the terms and provisions of this Agreement, either by (A) execution and delivery of a counterpart signature page to this Agreement countersigned by the Managing Member on behalf of the Company or (B) any other writing evidencing the intent of such Person to become a Substituted Member or an Additional Member and such writing is accepted by the Managing Member on behalf of the Company.

  • Exceptions and Limitations For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.

  • Exclusions and Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (a) NONE OF THE 8x8 PARTIES SHALL BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND (b) THE MAXIMUM LIABILITY OF THE 8x8 PARTIES UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE- (12-) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICING AND OTHER TERMS UNDER THE AGREEMENT ARE BASED ON THE FOREGOING EXCLUSION AND LIMITATION.

  • Exclusions and Limitations The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar or its subsidiaries which have put the modules on the market provided that (i), the payment was due and (ii) the Buyer who has obtained the modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx must inform the Buyer about the non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.);

  • Risks and Limits of Liability Contractor shall maintain the following insurance coverages in the following amounts:

  • Compensation and Limitation of Liability 14 Section 1.

  • Indemnification and Limitation on Liability 1. Seller agrees to indemnify and hold harmless JPMS and its directors, officers, employees and affiliates from and against all claims, losses, damages and liabilities (including without limitation, any legal or other expenses reasonably incurred in connection with defending or investigating any such action or claim) arising out of or attributable to JPMS’s actions taken or not taken in compliance with this Sales Plan or arising out of or attributable to any breach by Seller of this Sales Plan (including Seller’s representations and warranties hereunder) or any violation by Seller of applicable laws or regulations. This indemnification shall survive termination of this Sales Plan. Notwithstanding the foregoing, Seller shall have no indemnification obligation to the extent any claims, losses, damages or liabilities are due to the gross negligence, recklessness or willful misconduct of JPMS or any other indemnified person. 2. Notwithstanding any other provision hereof, JPMS shall not be liable to Seller for: (a) special, indirect, punitive, exemplary or consequential damages, or incidental losses or damages of any kind, even if advised of the possibility of such losses or damages or if such losses or damages could have been reasonably foreseen; or (b) any failure to perform or to cease performance or any delay in performance that results from a cause or circumstance that is beyond its reasonable control, including but not limited to failure of electronic or mechanical equipment, strikes, failure of common carrier or utility systems, severe weather, market disruptions or other causes commonly known as “acts of God”.

  • Restrictions and Limitations (a) The Trust shall not lend assets of the Trust to any officer or Trustee of the Trust or to any officer, director, or stockholder (or partner of a stockholder) of, or person financially interested in, the investment adviser or any underwriter of the Trust, or to the investment adviser of the Trust or to any underwriter of the Trust. (b) The Trust shall not restrict the transferability or negotiability of the shares of the Trust, except in conformity with the statements with respect thereto contained in the Trust's Registration Statement, and not in contravention of such rules and regulations as the SEC may prescribe. (c) The Trust shall not permit any officer or Trustee of the Trust, or any officer, director, or stockholder (or partner of a stockholder) of the investment adviser or any underwriter of the Trust to deal for or on behalf of the Trust with himself as principal or agent, or with any partnership, association or trust in which he has a financial interest; provided that the foregoing provisions shall not prevent, to the extent consistent with applicable securities laws: (1) officers and Trustees of the Trust from buying, holding, redeeming, or selling shares in the Trust, or from being officers, directors, or stockholders (or partners of a stockholder) of or otherwise financially interested in the investment adviser or any underwriter of the Trust; (2) purchases or sales of securities or other property by the Trust from or to an affiliated person or to the investment adviser or any underwriter of the Trust, if such transactions are not prohibited by the 1940 Act or have been exempted by SEC order from the prohibitions of the 1940 Act; (3) purchases of investments for the portfolio of the Trust through a securities dealer who is, or one or more of whose partners, stockholders, officers, or directors is, an officer or Trustee of the Trust, if such transactions are handled in the capacity of broker only and commissions charged do not exceed customary brokerage charges for such services; (4) employment of legal counsel, registrar, transfer agent, dividend disbursing agent, or custodian who is, or has a partner, stockholder, officer, or director who is, an officer or Trustee of the Trust, if only customary fees are charged for services to the Trust; (5) sharing statistical research, legal and management expenses and office hire and expenses with any other investment company in which an officer or Trustee of the Trust is an officer, trustee, or director or otherwise financially interested.

  • INDEMNITIES AND LIMITATION OF LIABILITY 16.1. In addition to the indemnification provisions contained in this Agreement, Principal agrees to indemnify, defend and hold harmless Custodian and its affiliates providing services under this Agreement, including their respective officers, directors, agents and employees from all taxes, charges, expenses, assessments, claims and liabilities including, without limitation, reasonable attorneys' fees and disbursements and liabilities ("Claims") arising directly or indirectly from any action or omission to act which Custodian takes in connection with the provision of services to Principal. Neither Custodian, nor any of its affiliates, shall be indemnified against any liability (or any expenses incident to such liability) caused by Custodian’s or its affiliates' own willful misfeasance, bad faith, gross negligence or reckless disregard in the performance of Custodian's or its affiliates' activities under this Agreement. The provisions of this Paragraph 15 shall survive termination of this Agreement. 16.2. In all cases, Custodian’s liability under this Agreement shall be limited to the resulting direct loss, if any, incurred by Principal. Under no circumstances shall Custodian be liable for any incidental, consequential, indirect, punitive, or special damage which Principal may incur or suffer in connection with this Agreement.

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