Claimed Damage definition

Claimed Damage shall have the meaning ascribed in Section 5.5(a).
Sample 1
Claimed Damage has the meaning ascribed thereto in Section 3.3.1.
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Claimed Damage has the meaning set forth in Section 13.02(c).
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Examples of Claimed Damage in a sentence

  • Within ten (10) days after selection of an Arbiter, each party shall deliver to the Arbiter all instruments, documents and other materials forming the basis for the existence or non-existence of a breach or the calculation of the amount of the Claims alleged by Purchaser (“Purchaser’s Claimed Damage”) or Seller’s Claimed Damage, as applicable.

  • If the Arbiter determines that a Material Breach has occurred, the Arbiter shall have no authority to select an amount which is not either the Purchaser’s Claimed Damage or Seller’s Claimed Damage (the amount actually selected by the Arbiter whether none (if no Material Breach occurred), the Purchaser’s Claimed Damage or the Seller’s Claimed Damage is hereinafter referred to as the “Final Damage”).

  • If the determination by the Arbiter is that a Material Breach exists and the Arbiter selects (1) the Purchaser’s Claimed Damage, then the Escrow Funds shall be paid to the Purchaser in accordance with the Escrow Agreement or (2) Seller’s Claimed Damage, then a portion of the Escrow Funds in the amount of Seller’s Claimed Damages shall be paid to the Purchaser and the balance of the Escrow Funds shall be paid to Seller, in each case in accordance with the escrow agreement to be agreed by the parties.

  • Within twenty (20) days of receipt of the submission of such documents and other instruments from both Seller and Purchaser, the Arbiter shall determine whether (x) such a breach has occurred, (y) if so, whether the same constitutes a Material Breach and (z) if a Material Breach has occurred, which of the Purchaser’s Claimed Damage or Seller’s Claimed Damage most closely reflects the actual diminution, if any, in the value of the Property resulting from the Material Breach found to exist.

  • For the avoidance of doubt, nothing contained in this Section 5.5 is intended to limit or reduce the remedies available to Buyer under Section 5.1. Notwithstanding anything to the contrary herein, any breach of the representation and warranty in Section 6.1(a)(iv) shall be deemed a “Material Breach” hereunder, regardless of the value of Claimed Damage for such Breach.

  • Within twenty (20) days of receipt of the submission of such documents and other instruments from both Seller and Purchaser, the Arbiter shall determine whether (x) such a breach has occurred, (y) if so, whether the same constitutes a Material Breach and (z) if a Material Breach has occurred, which 40 of the Purchaser’s Claimed Damage or Seller’s Claimed Damage most closely reflects the actual diminution, if any, in the value of the Property resulting from the Material Breach found to exist.

  • Juries have resolved matters far more complicated than an insurance bad faith claim.B. Claimed Damage to the Fiber Optics Room A long-term Building tenant leases space to house fiber optics communication equipment.

  • Any such Claimed Damage owed by Seller shall be paid to Purchaser out of immediately available funds of the Seller by wire transfer to the Purchaser or his designees within fifteen (15) Business Days of any Claimed Damage being finally determined.

  • Subject to the terms and conditions of Section 5.5 of this Agreement, Buyer shall not have any right to bring any action against Rockpoint as a result of any Breaches, unless and until the aggregate amount of all Claimed Damage arising out of any Breaches constitutes a Material Breach.

  • In addition, all amounts paid by the Corporation to any shareholder or shareholders of apartments in the building for any Claimed Damage, plus such interest thereon, and all amounts paid by the Corporation for any Claimed Damage to the Corporation, plus interest thereon, shall be deemed additional rent under the Lease.


More Definitions of Claimed Damage

Claimed Damage shall have the meaning given to such term in Section 21(c) hereof.
Sample 1

Related to Claimed Damage

  • Covered Damage All damages to property of the unit's owner, up to $1,475.00 in the aggregate for each Stay, that occurs during the Covered Guest's stay and that is the result of the inadvertent acts or omissions of the Covered Guest or the Covered Guest's invitee, excluding the damages listed in the conditions section above. • "Covered Guest": All registered guests and all persons booked to share the same unit of accommodations, and have paid the required plan cost. • "Stay": The stay at an iTrip unit, from the date of a Covered Guest's check-in to the date of check-out.

  • Indemnified Damages shall have the meaning assigned to such term in Section 6(a).

  • Liquidated Damages means all liquidated damages then owing pursuant to Section 5 of the Registration Rights Agreement.

  • Overhead Damage means any damage to the Vehicle or to any third-party property that is caused by: (a) contact between any part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path; (b) the Vehicle hitting a signed height restricted structure such as but not limited to bridges, car parks and drive throughs; or (c) objects being placed on the roof of the Vehicle;

  • Cover Damages means, with respect to any Delivery Failure, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 hereof, multiplied by the quantity of that Delivery Failure, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Claimed Amount means the amount of any Damages incurred or reasonably expected to be incurred by the Indemnified Party.

  • Indemnifiable Damages shall have the meaning set forth in Section 9.1 herein.

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code or the repudiation of such contract.

  • Delay Liquidated Damages has the meaning set forth in Section 13.1.

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Resale Damages means, with respect to any Rejected Purchase, an amount equal to (a) the positive net amount, if any, by which the applicable Price that would have been paid pursuant to Section 5.1 hereof for such Rejected Purchase, had it been accepted, exceeds the Resale Price multiplied by the quantity of that Rejected Purchase, plus (b) any applicable penalties assessed by ISO-NE or any other Person against Seller as a result of Buyer’s failure to accept such Products. Seller shall provide a written statement explaining in reasonable detail the calculation of any Resale Damages.

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • Indemnification Claim Notice has the meaning set forth in Section 11.3.

  • Damage Payment means the dollar amount equal to the amount initially posted as Project Development Security pursuant to Section 8.4(a).

  • Indemnity Claim has the meaning set forth in Section 8.3.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • IP Claim means a Claim made against you by a third party alleging that the Stripe Technology, Services or a Stripe Mark provided to and used by you in accordance with this Agreement infringes or misappropriates the IP Rights of the third party making the Claim, excluding Claims made by Connected Accounts.

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Claim Notice has the meaning set forth in Section 8.4(a).

  • SPECIAL LIQUIDATED DAMAGES means the amount payable by the Transport Supplier in case of default arising out of Non-availability of vehicle(s)/crew when the Company's operations are normal and also Non-availability of services due to unauthorized / lightening strike by Transport Supplier or his/her crew for any reason whatsoever. The period of non-availability of services will be treated as shutdown and shall attract Special Liquidated damage at the rate of twice the pro- rata fixed charge per day. Special L.D. shall be levied irrespective of whether such default resulted in a shutdown for the whole day or part thereof.

  • Claim Certificate shall have the meaning set forth in Section 8.6(a).

  • Direct Claim has the meaning set forth in Section 8.05(c).