Direct Loss means, in respect of either Party, any losses, liabilities, expenses, damages, costs and Claims arising directly as a result of the other Party's failure to perform its obligations under this Agreement, and for the avoidance of doubt, includes, in respect of the Seller, any loss of payment which would have been due to it but for the Buyer's breach of this Agreement;
Direct Loss means any loss, liability, claim, damage or expense (including reasonable attorney's fees and expenses) incurred by the Investor; it being understood that a Direct Loss shall not include (i) any consequential, incidental or punitive damages, (ii) any Company Level Loss or (iii) any loss or damage suffered by the Investor as a result of a diminution in value (either directly or indirectly) of the interest held by the Investor in Holdco.
Direct Loss means charges actually paid pursuant to this Agreement in respect of the period of the Delay. For the purposes of clause 13.4, the User's losses arising out of a Delay will be taken to include the amount of the relevant Direct Losses.
Examples of Direct Loss in a sentence
To the extent permitted by Law, the Service Providers’ liability to the Shipper in connection with this document, the operation of the Pipeline or the provision of Services to the Shipper, whether under common law, tort, equity statute or otherwise, is limited to any Direct Loss suffered of incurred by the Shipper as a direct result of the Service Providers’ breach of this document.
Notwithstanding anything to the contrary contained in the preceding sentence, the indemnifying Party shall not be liable pursuant to this Clause to the extent that the Party claiming indemnification: receives indemnification for such Direct Loss pursuant to the terms of any of the Finance Agreements; or is reimbursed for such Direct Loss pursuant to any policy of insurance.
More Definitions of Direct Loss
Direct Loss means loss, injury, damage or expense suffered or incurred by the Affected Party that results directly from, whether solely or in part, the First Party’s breach of this agreement (whether negligent or otherwise), but does not include:
Direct Loss means charges actually paid pursuant to this Agreement in respect of the period of the Delay. For the purposes of clause 13.4, the User's Losses arising out of a Delay will be taken to include the amount of the relevant Direct Losses.
Direct Loss means loss or damage which is not Indirect Loss;
Direct Loss means any loss, liability, claim, damage or expense (including reasonable attorney's fees and expenses)
Direct Loss means any loss characterised at law as direct loss and excludes all indirect, special or consequential loss. ‘Equipment’ means the items of hardware leased, rented or purchased from Arrow to the Customer under this Agreement. ‘Force Majeure’ means any cause not within the reasonable control of a party and which that party cannot reasonably prevent or overcome, as a result of which such party is unable to perform its obligations under this Agreement and shall include, in the case of Arrow, any delay or failure caused by Arrow’s contractors or Network Operator but shall exclude any failure to pay the Charges. ‘Gross Recurring Charges’ means any recurring charges applicable to the Customer, as defined in the Product Agreement, prior to any Customer-specific discounts being applied. ‘Infrastructure Provider’ means a third party provider of Service Infrastructure, including Network Operators and Cloud Service Providers, and third party providers of data centres and software. ‘Intellectual Property Rights’ means any and all intellectual property rights including patents, trademarks, design rights, copyright, rights in databases, domain names, topography rights, and all similar rights (whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world) together with any and all goodwill relating or attached thereto and the right to apply for registration of and/or register such rights and all extensions and renewals thereof. ‘IP Address’ means an IP address allocated to the Customer for the use of one or more Products. ‘Legislation’ means any statute, statutory provision or subordinate legislation in force from time to time. ‘Liability’ means all liability including liability for breach of contract, negligence, breach of statutory duty and/or tort, any liability in relation to any indemnity and any other liability howsoever arising. ‘Losses’ means losses, damages, costs, claims, proceedings, expenses and liabilities (including reasonable legal fees). ‘Network’ means a telecommunications network run by a Network Operator in respect of which Arrow is providing resale services. ‘Network Operator’ means an organisation operating a telecommunications network or hosted services environment, which has in each case been duly authorised to do so. ‘Number’ means a telephone number used for receiving the Services, whether or not allocated by Arrow. ‘Product’ means one of Arrow’s standard products from time to tim...
Direct Loss means the aggregate amount of the Train Operator's demonstrable: (a) (i) bus and taxi hire costs; (ii) publicity costs; (iii) train planning and diagramming costs; (iv) other costs directly related to the organisation and management of the Train Operator's response to a Restriction of Use,
Direct Loss means any loss, liability, claim, damage or expense (including reasonable legal fees and expenses) incurred by (i) any Shareholder Indemnitee arising from, relating to or as a result of the inaccuracy at the time made or deemed made of any of the representations or warranties set forth in: (a) Section 5(B) of the Merger Agreement; and (b) Section 5 of the Stock Purchase Agreement; or (ii) RSI Indemnitees arising from, relating to, or as a result of the inaccuracy at the time made or deemed made of any of the representations or warranties set forth in: (a) Section 4(B) of the Merger Agreement; (b) Section 4 of the Stock Purchase Agreement and (c) Article II, Section (B) of the UK Agreement; it being understood that a Direct Loss shall not include (x) any consequential, incidental or punitive damages, (y) any loss or damages suffered by such party as a result of the diminution in value (either directly or indirectly) of the interest held by such party in the Holdco, or (z) any Company Level Loss.