Treatment of Damages. Upon issuance and delivery of the Final Award as provided in subparagraph (iii) above, the Shockwave Indemnified Persons or Atom Indemnified Persons, as the case may be, will immediately be entitled to recover (A) the amount of any Incurred Damages determined and awarded under such Final Award and (B) the amount of Estimated Damages determined and awarded under such Final Award and such Incurred Damages and such Estimated Damages will be deemed to be owed to the Shockwave Indemnified Persons or Atom Indemnified Persons, as the case may be, for purposes of this Agreement. Both Incurred Damages and Estimated Damages owed to Shockwave Indemnified Persons or Atom Indemnified Persons, as the case may be, are deemed to be Damages for purposes of this Agreement.
Treatment of Damages. Upon (i) issuance of a final written opinion by the arbitrator or the judge in any trial or appeal, and (ii) after all appeal periods have expired (a "FINAL AWARD"), Microfield will immediately be entitled to recover solely from the Escrow Account the amount of any incurred damages determined and awarded to Microfield under such Final Award, all in accordance with Section 4.3(f), and such incurred damages will be deemed to be owed to Microfield for purposes of this Agreement; provided, however, that the limitation on damages set forth in Section 7.4 of the Merger Agreements shall limit the total damages payable to Microfield under this Agreement.
Treatment of Damages. Upon issuance and delivery of the Final Award as provided in subparagraph 11.8(c)(iii) above, Acquirer will immediately be entitled to recover as provided in subparagraph 11.8(e) below (A) the amount of any Incurred Damages determined and awarded to Acquirer under such Final Award and (B) the amount of Estimated Damages determined and awarded under such Final Award and such Incurred Damages and such Estimated Damages will be deemed to be owed to Acquirer for purposes of this Agreement. Both Incurred Damages and Estimated Damages owed to Indemnified Persons are deemed to be Damages for purposes of this Agreement.
Treatment of Damages. Upon the arbitrator's issuance of the Final Award in such arbitration, the arbitrator shall immediately deliver a copy of such Final Award to the Representative, Parent and the Escrow Agent as provided above. Upon issuance of such Final Award, Parent will immediately be entitled to recover (A) the amount of any Incurred Damages determined and awarded to Parent under such Final Award and (B) the amount of Estimated Damages determined and awarded under such Final Award to the extent that such Estimated Damages do not arise from a Third-Party Claim, all in accordance with paragraph (viii) below, and such Incurred Damages and such Estimated Damages will be deemed to be owed to Parent for purposes of this Agreement. If the Final Award determines and awards any Estimated Damages to Parent that arise from a Third-Party Claim then: (i) if the actual amount of such Estimated Damages is determined by a settlement agreement or a final judgment or arbitration award prior to the Resolution Date (as defined below) for the Contested Claim with respect to which such Estimated Damages were awarded under the Final Award, then for purposes of this Agreement, the amount of such Estimated Damages owed to Parent shall be the amount so determined by such settlement agreement, judgment or award; and (ii) if the actual amount of such Estimated Damages is not so determined prior to such Resolution Date, then for purposes of this Agreement, the amount of such Estimated Damages owed to Parent shall be the amount of such Damages determined and awarded in the Final Award. As used herein, the term "RESOLUTION DATE" for a Contested Claim means the first anniversary of the Closing Date. Both Incurred Damages and Estimated Damages owed to Parent are deemed to be Damages for purposes of this Agreement.
Treatment of Damages. Upon issuance and delivery -------------------- of the Final Award as provided in subparagraph (3) above, Parent will immediately be entitled to recover the amount of any Damages determined and awarded to Parent under such Final Award.
Treatment of Damages. Upon issuance and delivery of the Final Award as provided in Section 10.05(c)(iii), the Indemnified Party will immediately be entitled to recover (A) the amount of any Incurred Damages determined and awarded to the Indemnified Party under such Final Award and (B) the amount of any Estimated Damages determined and awarded to the Indemnified Party under such Final Award, and such Incurred Damages and Estimated Damages will be deemed to be owed to the Indemnified Party for purposes of this Agreement. Both Incurred Damages and Estimated Damages owed to Indemnified Parties are deemed to be Damages for purposes of this Agreement.
Treatment of Damages. Upon issuance and delivery of -------------------- the Final Award as provided in subparagraph (iii) above, Excite@Home will immediately be entitled to recover the amount of any Damages determined and awarded to Excite@Home under such Final Award.
Treatment of Damages. Upon the arbitrator’s issuance of the Final Award in such arbitration, the arbitrator shall immediately deliver a copy of such Final Award to the Stockholder Agent, Parent and the Escrow Agent as provided above. Upon issuance of such Final Award, Parent will immediately be entitled to recover (A) the amount of any Incurred Damages determined and awarded to Parent under such Final Award and (B) the amount of Estimated Damages determined and awarded under such Final Award to the extent that such Estimated Damages do not arise from a Third-Party Claim, all in accordance with paragraph (vii) below, and such Incurred Damages and such Estimated Damages will be deemed to be owed to Parent for purposes of this Agreement. If the Final Award determines and awards any Estimated Damages to Parent that arise from a Third-Party Claim then: (i) if the actual amount of such Estimated Damages is determined by a settlement agreement or a final judgment or arbitration award prior to the Resolution Date (as defined below) for the Contested Claim with respect to which such Estimated Damages were awarded under the Final Award, then for purposes of this Agreement, the amount of such Estimated Damages owed to Parent shall be the amount so determined by such settlement agreement, judgment or award; and (ii) if the actual amount of
Treatment of Damages. Upon issuance and delivery of the Final Award as provided in subparagraph 11.7(c)(iii) above, Buyer will immediately be entitled to recover as provided in subparagraph 11.7(e) below the amount of any Awarded Damages awarded to Buyer or other Buyer Indemnitee under such Final Award.
Treatment of Damages. Subject to subparagraph (viii) -------------------- below, upon issuance and delivery of the Final Award as provided in subparagraph (iii) above, At Home will immediately be entitled to recover (A) the amount of any Incurred Damages determined and awarded to At Home under such Final Award and (B) the amount of Estimated Damages determined and awarded under such Final Award and such Incurred Damages and such Estimated Damages will be deemed to be owed to At Home for purposes of this Agreement. Both Incurred Damages and Estimated Damages owed to Indemnified Persons are deemed to be Damages for purposes of this Agreement.
