Excluded Losses definition

Excluded Losses is defined in Section 7.1 hereof.

Excluded Losses means Losses suffered by an Indemnified Party to the extent directly arising out of the gross negligence or willful misconduct of such Indemnified Party; provided, however, that the term “gross negligence” shall not include gross negligence imputed as a matter of law to any of the Indemnified Parties solely by reason of Lender’s interest in the Collateral or Lender’s failure to act in respect of matters which are or were the obligation of Borrower.

Excluded Losses means any consequential, special or indirect damages, lost profits, lost investment or business opportunity, interest, damages to reputation, punitive damages, exemplary damages, treble damages, nominal damages and operating losses.

Examples of Excluded Losses in a sentence

• Section 55 of the Marine Insurance act (1963) reads as under: Included And Excluded Losses.

• Notwithstanding anything stated elsewhere, in no event whatsoever (with the exception of wilful misconduct or gross negligence of the management of MMRL) shall MMRL or MMRL Group (notwithstanding that liability of the MMRL Group has been totally excluded) be liable for Excluded Losses.

• Some block judges are meticulous about having OM's where they really ask questions about trial issues and discover.

• Pooling Agreement 2016, Appendix V, para.14(f): ‘…The following losses shall be Excluded Losses save only as they may be treated as sue and labour expenses or expenses incurred by direction of an Association…14.

• Excluded Losses Losses resulting from ordinance or law—such as those regulating construction or repair—are excluded from most property insurance contracts.

More Definitions of Excluded Losses

Excluded Losses has the meaning set forth in Section 10.2(c).

Excluded Losses means (i) punitive, special or exemplary damages and (ii) any Losses that are not probable or reasonably foreseeable and that were not proximately caused by (A) the breach or alleged breach of this Agreement or any of the other Transaction Documents or (B) the facts, circumstances or basis of the other matters giving rise to a claim for indemnification hereunder.

Excluded Losses has the meaning assigned thereto in Section 7.2.

Excluded Losses means (i) any Losses for which FBGH Parties have indemnification obligations under Sections 8.2(b) through and including 8.2(l); (ii) any Losses for which Buyer has indemnification obligations under Sections 8.4(b) through and including 8.4(d); (iii) any Losses arising from or due to Fraud by FBGH Parties or Buyer, respectively; and (iii) Seller’s payment obligations under Section 7.2.

Excluded Losses means Losses suffered by an Indemnified Party to the extent directly arising out of the gross negligence or willful misconduct of such Indemnified Party; however , that the term "gross negligence" shall not include gross negligence imputed as a matter of law to any of the Indemnified Parties solely by reason of Lender's interest in the Collateral or Lender's failure to act in respect of matters which are or were the obligation of Borrower.

Excluded Losses means (i) any Losses for which Seller has indemnification obligations under Sections 7.2(c), 7.2(d), and 7.2(e) and Buyer has indemnification obligations under Section 7.3(c) and 7.3(d); (ii) any Losses arising from or due to Fraud by Seller or Buyer or such Party’s Affiliates; and (iii) any Losses from a breach of the restrictive covenants under Section 5.2(b) (“Covenant Breaches”); provided however neither Seller nor Buyer shall be liable to an Indemnitee for Covenant Breaches in an amount in excess of $1,000,000.

Excluded Losses means any Action or Losses that arise out of or are based on any action or failure to act by Manager to the extent such Action or Losses are determined, by a final non-appealable judgment by a court of competent jurisdiction, to have resulted or arisen from Manager’s bad faith, gross negligence or willful misconduct.