Claimed Damages definition

Claimed Damages has the meaning set forth in Section 7.2(b).
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Claimed Damages means any amount: 28 <PAGE> 2.
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Claimed Damages shall have the meaning ascribed to such term in Section 10.24 hereof.
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Examples of Claimed Damages in a sentence

  • 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.

  • After the giving of any Claim Notice pursuant hereto, the amount of the Claimed Damages to which an Indemnified Person is entitled under this Section 4 will be determined: (A) by the written agreement between the Indemnified Person and the Investor Representative; (B) by a final judgment or decree of any court of competent jurisdiction; or (C) by any other means to which the Indemnified Person and the Investor Representative shall agree.

  • After the giving of any Claim Notice pursuant hereto, the amount of the Claimed Damages to which an Indemnified Person is entitled under this Section 4 will be determined: (A) by the written agreement between the Indemnified Person and the Assignee Representative; (B) by a final judgment or decree of any court of competent jurisdiction; or (C) by any other means to which the Indemnified Person and the Assignee Representative shall agree.

  • At the time the Claimed Damages are finally determined pursuant to the provisions of this Section 7.2, the Milestone Shares, Tax Refunds or the Earnout Consideration, as applicable, shall be reduced by the amount of the Claimed Damages.

  • If the prevailing party receives only a portion of the original damages sought by such party (the "Claimed Damages"), the prevailing party shall be entitled to recover an amount equal to such party's reasonable attorney's fees multiplied by a fraction, the numerator of which is equal to the Claimed Damages and the denominator of which is equal to the amount of damages actually awarded to the prevailing party.

  • Each Claim Notice shall state the amount of Claimed Damages (the "Claimed Amount") and the basis for such claim.

  • Caputo’s Restatement of Claimed Damages, and Proofs as to Claimed Attorney Fees and Costs, pp.

  • This matter is before the Court on Defendant’s Motion for Summary Judgment Related to Plaintiff’s Claimed Damages (Docket #155).

  • At the time the Claimed Damages are finally determined pursuant to the provisions of this Section 7.2, the FDA Milestone Consideration or the CMS Milestone Consideration, as applicable, shall be reduced by the amount of the Claimed Damages.

  • See Table 1: Ranges of Mr. Milner’s Claimed Damages Across Scenarios by Trust.


More Definitions of Claimed Damages

Claimed Damages has the meaning set forth in Section 9.5(a).
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Claimed Damages means any amount:
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Claimed Damages shall have the meaning set forth in Section 12.10(e).
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Related to Claimed Damages

  • 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.

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

  • 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.

  • 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.

  • 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.

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

  • 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.

  • 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;

  • 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).

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

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

  • 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.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

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

  • Indemnified Claims shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard.

  • Special Damages has the meaning specified in Section 11.21.

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

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Buyer Losses shall have the meaning set forth in Section 11.1 hereof;

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Buyer Indemnified Persons has the meaning set forth in Section 8.2.

  • 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.

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

  • Indemnification Obligations means each of the Debtors’ indemnification obligations in place as of the Effective Date, whether in the bylaws, certificates of incorporation or formation, limited liability company agreements, other organizational or formation documents, board resolutions, management or indemnification agreements, or employment or other contracts, for their current and former directors, officers, managers, members, employees, attorneys, accountants, investment bankers, and other professionals and agents of the Debtors.

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