Estimated Damages definition
Examples of Estimated Damages in a sentence
Both Incurred Damages and Estimated Damages owed to Indemnified Persons are deemed to be Damages 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.
Both Incurred Damages and Estimated Damages owed to Parent are deemed to be Damages for purposes of this Agreement.
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 at the conclusion of the Resolution Period the parties have not reached an agreement on the Estimated Damages, then Medicis and BioMarin Acquisition shall engage an independent Entity expert in the type of Liability that is the subject of the dispute (the "INDEPENDENT APPRAISER") within five (5) Business Days of the end of the Resolution Period to determine the Estimated 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.
The Service Provider’s payment of the Estimated Damages is the Service Provider’s sole liability and entire obligation and the Corporation’s exclusive remedy for such a failure, but will not limit any other liability resulting from a termination of the Agreement.
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 parties hereto fail to agree on the amount of the Estimated Damages within such five business day period, each party shall be entitled to request Peat Marwick ▇▇▇▇▇▇ to provide its good faith determination of the Estimated Damages based on reasonable assumptions and after due inquiry.
Upon issuance and delivery of the Final Award as provided in subparagraph 11.7(c)(iii) above, Purchaser will immediately be entitled to recover as provided in subparagraph 11.7(e) below the amount of any Incurred Damages determined and awarded to Purchaser under such Final Award and 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 Purchaser for purposes of this Agreement.