Shared Losses. Losses, if incurred, will be paid by ACO and Participants according to the Performance Year Shared Risk and Savings Policy as set forth in the Agreement and each Participant’s Maximum Risk and Sharing Limit.
Shared Losses. (i) To the extent that any Tax-Related Loss is subject to indemnity under both Sections 7.5(a) and (b), responsibility for such Tax-Related Loss shall be shared by B/E and KLX according to relative fault.
Shared Losses. Losses, if incurred, will be paid by ACO and Participants in a manner consistent with ACO strategy and approved by the Board of Managers. The Board of Managers may alter or amend the policies for Shared Losses during the term of this Agreement.
Shared Losses. Any Losses, other than those Losses covered in Article 7 or for which indemnification is provided in Sections 11.1 or 11.2, in connection with any Third Party Claim brought against either Party or its Affiliates resulting directly or indirectly from (i) the performance of Discovery Activities or the Development of any Molecule or Product anywhere in the world by or on behalf of either Party, or (ii) Commercialization of any Co-Promotion Product, or the Manufacture of any Co-Promotion Product for use in Commercialization activities, shall be shared equally by the Parties. With respect to Losses described in clause (i), the Party that initially incurs any such Loss shall promptly notify the other Party of the incurrence of such Loss and such other Party shall reimburse the paying Party an amount equal to […***…] percent ([…***…]%) of such Loss not later than […***…] ([…***…]) days after the paying Party provides such other Party reasonable documentation of such incurred Loss. Losses described in clause (ii) shall be included as an Allowable Expense. If either Party learns of any Third Party Claim with respect to Losses covered by this Section 11.3, such Party shall provide the other Party with prompt written notice thereof. The Parties shall confer with respect to how to respond to such Third Party Claim and how to handle such Third Party Claim in an efficient manner. In the absence of such an agreement, AbbVie shall have the right to take such action as it deems appropriate.
Shared Losses the amount to be paid by the Contractor to EOHHS under the Contractor’s Risk Track, in the event the Contractor has Losses, as described in Section 2.7.
Shared Losses. The Parties agree that, for each applicable Downside Risk Year during the Term of this Agreement and pursuant to ACO’s Shared Losses Policy: (i) Caravan, in its sole authority, shall obtain, on ACO’s behalf, one or more repayment mechanisms acceptable to CMS (individually or collectively, as context requires, the “Repayment Mechanism”); (ii) ACO must maintain said Repayment Mechanism; (iii) the amount required for maintaining said Repayment Mechanism(s) may vary, as and to the extent required by the MSSP Regulations; (iv) Participant will make any applicable payment under the Shared Losses Policy; and (v) if Participant fails to timely make payment under the Shared Losses Policy, ACO may terminate Participant’s participation in the ACO’s accountable care organization. Participant hereby expressly authorizes ACO’s submission of all necessary paperwork and filings with CMS to effectuate the foregoing.
Shared Losses. The portion of the difference between Target Spend and Actual Spend that is to be paid by Contractor to EOHHS.
