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

• Loss Reserves shall not include any loss and loss adjustment expense reserves or ceding commission reserves relating to Excluded Losses.

• The Flood Liabilities and the liabilities in respect of the named storms, as described above retained by Retrocedant as specified above (collectively, the "Excluded Losses") shall not be subject to this Agreement.

• Loss Reserves shall not include any loss and loss adjustment expense reserves relating to Excluded Losses.

• Manager assumes no responsibility other than to render the Services in accordance with the Performance Standard and shall not be responsible for any action of the Trustee in following or declining to follow any advice or recommendation of Manager other than with respect to the Excluded Losses.

• The Indemnified Party experiences aggregate Losses of $600,000, none of which are Excluded Losses.

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 (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 and any combination of:

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.