Damage Cap definition

Damage Cap shall have the meaning set forth in Section 10.4.
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Damage Cap. As defined in Section 17.5.2 hereof. “Declaration” - means that certain Amended Declaration of Condominium for The Mxxx/Lodge dated as of July 25, 1978, together with all amendments thereto, as further described on Exhibit B attached hereto.
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Damage Cap means the amount calculated by reference to Section 6.02(1)(c) of the Purchase Agreement.
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Examples of Damage Cap in a sentence

  • In connection with any such termination, Company may collect from Seller (subject to the Damage Cap) all Actual Damages arising from such Event of Default through the Scheduled Termination Date.

  • If at any time following COD, Company incurs damages in excess of the Damage Cap that Seller does not pay when billed by Company, Company shall have the right to terminate this PPA upon notice to Seller, without further obligation by either Party except as to costs and balances incurred prior to the effective date of such termination.

  • That result would occur if BNYM owes or pays amounts to other Funds due to claims hereunder that reduce the amount of Damages recoverable by the Fund under the Damage Cap to amounts, including zero, that are less than the amounts of Damages the Fund may incur hereunder and would otherwise seek to recover from BNYM as Damages.

  • As security for Seller’s obligations, if any, during the Claim Period, at the Closing Seller shall either (i) deposit in an account designated by the Escrow Agent an amount equal to the Damage Cap in immediately available funds, or (ii) deliver to the Escrow Agent a letter of credit in a form reasonably acceptable to Purchaser in the stated amount of the Damage Cap (such funds, together with any interest earned thereon, net of investment costs, or such Letter of Credit, the “Post-Closing Escrow Funds”).

  • Damages under this Section will be subject to the limitation of liability in this Agreement but not the Damage Cap.

  • Once VITA has effected a purchase from an alternate source, the parties agree that Authorized Users may charge-back Supplier, in which case Supplier agrees to reimburse Authorized Users, subject to the Damage Cap defined below, for any difference in cost between the original Contract price and cost to Authorized Users to cover from the alternate source, as measured over a 12 month period.

  • The indemnification of third party claims provided under this Section is not limited by the Damage Cap set forth in Section 12.6. Nothing in this Section shall enlarge or relieve Seller or Company of any liability to the other for any breach of this PPA.

  • Upon the termination of this PPA under this Section, the non-defaulting Party shall be entitled to receive from the defaulting Party, subject to the Damage Cap set forth in Section 12.6, all of the damages incurred by the non-defaulting Party in connection with such termination including, if Seller is the defaulting Party, the present value of all future Replacement Energy Costs for the then remaining Term, subject to Section 12.10.

  • Purchaser further agrees that no claim may or shall be made for any alleged breach of any representations or warranties made by Seller under or relating to this Agreement unless the amount of such claim or claims, individually or in the aggregate, exceeds the Threshold Amount, and such claim or claims shall never, individually or in the aggregate shall never exceed the Damage Cap.

  • The aggregate Liquidated Damages payable for shortfall in the APC from the Guaranteed APC shall be subject the Per Parameter Liquidated Damage Cap.


More Definitions of Damage Cap

Damage Cap has the meaning set forth in Section 7.3(c)(ii).
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Damage Cap. As defined in Section 17.5.2 hereof. "Declaration" - means that certain Amended Declaration of Condominium for The Xxxx/Lodge dated as of July 25, 1978, together with all amendments thereto, as further described on Exhibit B attached hereto.
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Damage Cap shall have the meaning set forth in Section 12.4. “Day” means a calendar day.
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Related to Damage Cap

  • Deductible Amount means, with respect to any Insuring Agreement, the amount set forth under the heading “Deductible Amount” in Item 3 of the Declarations or in any Rider for such Insuring Agreement, applicable to each Single Loss covered by such Insuring Agreement.

  • Damage to Property means physical injury to or destruction of tangible property, including the loss of its use. Tangible property includes the cost of recreating or replacing stocks, bonds, deeds, mortgages, bank deposits and similar instruments, but does not include the value represented by such instruments.

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

  • Major Damage means damage that in the estimation of the surveyor exceeds USD

  • Electrical Losses means all applicable losses, including the following: (a) any transmission or transformation losses between the CAISO revenue meter(s) and the Delivery Point; and (b) the Distribution Loss Factor, if applicable.

  • Excess Fraud Loss Any Fraud Loss, or portion thereof, which exceeds the then applicable Fraud Loss Amount.

  • Covered Losses has the meaning set forth in Section 9.2(b).

  • Purchaser Losses shall have the meaning set forth in Section 9.1(a).

  • Aggregate Cap has the meaning set forth in Section 20.1A.

  • Casualty Amount means five hundred thousand Dollars (USD500,000) (or the equivalent in any other currency);

  • Cumulative Loss Percentage With respect to any Distribution Date, the percentage equivalent of a fraction, the numerator of which is the aggregate amount of Realized Losses incurred from the Cut-off Date to the last day of the calendar month preceding the month in which such Distribution Date occurs and the denominator of which is the Cut-off Date Pool Principal Balance of the Mortgage Loans.

  • Loss Percentage means on any day the greater of (i) one and one-half (1.5) times the Loss Horizon as of such day and (ii) 20%.

  • Work loss means loss of income from work the injured victim would have performed if the injured victim had not been injured and expenses reasonably incurred by the injured victim in obtaining services in lieu of those the injured victim would have performed for income,

  • Fraud Loss Coverage Amount As of the Closing Date, $2,748,787, subject to reduction from time to time, by the amount of Fraud Losses allocated to the Certificates. In addition, on each anniversary of the Cut-off Date, the Fraud Loss Coverage Amount will be reduced as follows:

  • Fraud Losses Realized Losses on Mortgage Loans as to which a loss is sustained by reason of a default arising from fraud, dishonesty or misrepresentation in connection with the related Mortgage Loan, including a loss by reason of the denial of coverage under any related Primary Insurance Policy because of such fraud, dishonesty or misrepresentation.

  • Class B Loss Percentage With respect to any Determination Date and any Class of Class B Certificates then outstanding, the percentage calculated by dividing the Principal Balance of such Class by the Class B Principal Balance (determined without regard to any Principal Balance of any Class of Class B Certificates not then outstanding), in each case determined as of the preceding Determination Date.

  • Aggregate Net Losses means, with respect to a Collection Period, an amount equal to the aggregate Principal Balance of all Receivables that became Defaulted Receivables during such Collection Period minus all Net Liquidation Proceeds collected during such Collection Period with respect to all Defaulted Receivables.

  • Accidental Damage means physical damage, breakage or failure of Your Covered Equipment due to an unforeseen and unintentional event occurring either due to handling (e.g., dropping the Covered Equipment or through liquid contact) or due to an external event (e.g., extreme environmental or atmospheric conditions). The damage must affect the functionality of Your Covered Equipment, which includes cracks to the display screen that affect the visibility of the display.

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

  • Indemnity Threshold has the meaning set forth in Section 9.3.

  • Seller Losses has the meaning set forth in Section 10.2(a).

  • Purchaser Indemnitees has the meaning set forth in Section 7.02.

  • Initial Bankruptcy Loss Coverage Amount $226,715.

  • Cumulative Loss Amount means the sum of the Monthly Loss Amounts less the sum of all Recovery Amounts.

  • Special Hazard Loss Coverage Amount With respect to the first Distribution Date, $5,000,000. With respect to any Distribution Date after the first Distribution Date, the lesser of (a) the greatest of (i) 1% of the aggregate of the principal balances of the Mortgage Loans, (ii) twice the principal balance of the largest Mortgage Loan and (iii) the aggregate of the principal balances of all Mortgage Loans secured by Mortgaged Properties located in the single California postal zip code area having the highest aggregate principal balance of any such zip code area and (b) the Special Hazard Loss Coverage Amount as of the Closing Date less the amount, if any, of Special Hazard Losses allocated to the Certificates since the Closing Date. All principal balances for the purpose of this definition will be calculated as of the first day of the calendar month preceding the month of such Distribution Date after giving effect to Scheduled Payments on the Mortgage Loans then due, whether or not paid.

  • Damage means actual and/or physical damage to tangible property;