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

• 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 or ceding commission reserves relating to Excluded Losses.

• 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 $300,000, all 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 any Losses (1) arising out of liability under Section 16(b) of the Securities Exchange Act of 1934 or under federal or state securities laws for "insider trading," or (2) to the extent it is ultimately determined in a xxxxx xxxxxxxx without further right to appeal by a court of appropriate jurisdiction that (a) the Loss arose as a result of any action or inaction on the part of the Indemnitee constituting knowingly fraudulent, dishonest or willful misconduct, or (b) with respect to any Indemnifiable Event defined in clause (ii) thereof, the Loss arose as a result of any action or inaction on the part of the Indemnitee that was not in good faith or was based upon or attributable to improper receipt by the Indemnitee of a personal benefit. Notwithstanding the foregoing, Excluded Losses shall not include Losses arising out of any action or inaction on the part of the Indemnitee expressly approved in advance by Greenlight.

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 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 any and any combination of: