Excess Damages definition

Excess Damages shall have the meaning set forth in Section 2.05(a).
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Excess Damages has the meaning ascribed thereto in Section 4.27(b);
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Excess Damages means the amount of damages claimed in an action under this chapter that exceeds the damages cap described in Subsection 32B-15-301(2).
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Examples of Excess Damages in a sentence

  • Alternatively, if and to the extent the damage event set forth in Schedule 23A results in damages to the Company that exceeds the accruals made in the 2011 Financial Statements to account for such damage event (the “Excess Damages”) and such damages are incurred no later than the 2012 Financial Statement Date, the Retained Profits shall be recalculated as if an additional accrual had been made equal to such Excess Damages.

  • This weakness can be avoided if the adjudication of social rights isUniversity of Cape Townallied to a strategy of litigation sustained by social movements.

  • QED and the QED Shareholders agree to be jointly and severally liable for all Excess Damages; provided that such Excess Damages, together with all other Damages hereunder or under the Asset Purchase Agreement shall not exceed the Indemnity Cap (as defined in the Asset Purchase Agreement).

  • Subject to the foregoing limitations, Seller and Shareholders will be jointly and severally liable for all Damages recoverable hereunder, including, but not limited to, Excess Damages under the BSI Purchase Agreement as provided in Section 11.2(h) and this Section 11.5.

  • The Owner agrees to waive such Excess Damages, including, but not limited to, the Owner’s loss of use of the Property, all rental expenses incurred, loss of services of employees, or loss of reputation.

  • The balance of any such Damages (the "EXCESS DAMAGES"), shall be satisfied by surrendering for redemption that quantity of shares of STRV common stock (the "STRV COMMON SHARES"), equal in value to such Excess Damages.

  • To the extent that the amount of any Excess Damages exceeds the value of the remaining Escrow Shares available for reduction therefore (valued in the manner set forth in Section 11.10), the Escrow Shares shall not be released to the iFone Shareholders.

  • In such situations, the Parties will share such damages in their respective proportions to the extent the act or course of conduct contributed to such Excess Damages.

  • In the event the KPR Litigation is finally resolved after May 31, 1999, and the Excess Damages are less than the Contingent Purchase Price otherwise earned, the balance of such earned Contingent Purchase Price shall be paid, or issued in the case of Option Shares, to the Sellers.

  • If the settlement would result in Excess Damages, the Company will first obtain the consent of the Agent (based on the consent of a majority in interest of the Sellers) to such settlement, which consent will not be unreasonably withheld.


More Definitions of Excess Damages

Excess Damages means any liability of the Company or any Subsidiary for consequential damages.
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Excess Damages is defined in Section 10.3(c).
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Excess Damages are defined in Article VI - Claims, sub-Article 4.
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Related to Excess Damages

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

  • 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.

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

  • 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.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

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

  • Special Damages has the meaning specified in Section 11.21.

  • 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.

  • Environmental Damages means all liabilities (including strict liability), losses, damages (excluding consequential, special, exemplary or punitive damages except to the extent such damages were imposed upon an Indemnitee as a result of any claims made against such Indemnitee by a governmental entity or any other third party), judgments, penalties, fines, costs and expenses (including fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, at law or in equity, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, made, incurred, suffered, brought, or imposed at any time and from time to time, whether before or after the Release Date and arising in whole or in part from:

  • Consequential Loss means indirect or consequential loss or damage such as, but not limited to, loss of contract, bargain, expectation, opportunity, profit, production, revenue, anticipated cost reduction or interest payable howsoever caused, arising out of or in connection with this Contract.

  • Direct Damage has the meaning given to it in clause 26.2;

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

  • 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).

  • 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;

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

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.

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

  • Noneconomic damages ’ means damages for phys-

  • Indirect Losses means loss of profits, loss of production, loss of business, loss of business opportunity, or any claim for consequential loss or for indirect loss of any nature;

  • Monthly Excess Interest As to any Distribution Date, the sum of (A) the Interest Remittance Amount remaining after the application of payments pursuant to clauses A. through D. of Section 4.02(b)(i) plus (B) the Principal Payment Amount remaining after the application of payments pursuant to clauses A. through E. of Section 4.02(b)(ii) or (iii).

  • 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.

  • Excess Interest Amount means, on any date, the amount by which (i) the amount of all interest which would have accrued prior to such date on the principal of this Note, had the applicable Contract Rate at all times been in effect without limitation by the Maximum Rate, exceeds (ii) the aggregate amount of interest accrued on this Note on or prior to such date as limited by the Maximum Rate.

  • Direct Losses means all damages, losses, liabilities, penalties, fines, assessments, claims, actions, costs, expenses (including the cost of legal or professional services, legal costs being on a substantial indemnity basis), proceedings, demands and charges whether arising under statute, contract or at common law, except Indirect Losses.

  • Monthly Excess Interest Amount With respect to each Distribution Date, the amount, if any, by which the Group 1 Interest Remittance Amount and Group 2 Interest Remittance Amount for such Distribution Date exceed the aggregate amount distributed on such Distribution Date pursuant to paragraphs (a) through (c) under Section 4.02(d) hereof, plus interest on the Overcollateralization Amount accrued during the Interest Accrual Period related to that Distribution Date.

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

  • Loss or Losses means all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.