Uncapped Claims definition

Uncapped Claims means (a) the indemnifying party’s obligations under Section 13 (Indemnification), (b) Provider’s breach of Section 8 (Customer Materials, Systems and Facilities), (c) either party’s breach of Section 14 (Confidentiality),
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Uncapped Claims means any claim or liability associated with: (a) Customer’s breach of Section 2.2 (License to Customer Data), Section 5.1 (Compliance), and Section 3 of Exhibit B (Customer Obligations) (if applicable); (b) either Party’s breach of confidentiality (but not relating to any liability associated with Xxxxxxx’s security obligations with respect to Customer Data which remains subject to the Excluded Claims cap); or (c) any liability of a Party which cannot be limited under applicable law, including gross negligence, recklessness, or intentional misconduct.
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Uncapped Claims means any claim and/or liability associated with either party’s (a) breach of Section 7 (Confidentiality) (but not relating to any liability associated with Deepgram’s security or privacy obligations with respect to Content or Training Data, each of which remains subject to the Excluded Claims cap), (b) indemnification obligations under Section 11, and (c) liability which cannot be limited under applicable law, including gross negligence, recklessness, or intentional misconduct.
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Examples of Uncapped Claims in a sentence

  • Sections 14.1 (General Cap) and 14.2 (Consequential Damages Waiver) will not apply to Enhanced Claims or Uncapped Claims.


More Definitions of Uncapped Claims

Uncapped Claims means all claims and potential claims relating to, arising out of or in connection with the individual listed in Schedule C to the Agency Parties Release, any bonding companies for Superior or any Excluded Party, and their respective successors and assigns.
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Uncapped Claims means any Claims (whether in contract, tort or otherwise) and whether for breach of warranty or misrepresentation in respect of the warranties in clause 4.2.1 to 4.2.8, the indemnities in clauses 9.1.2 and 9.1.3 or under the Tax Deed; and
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Uncapped Claims means any claim or liability associated with: (a) Customer’s indemnification obligations under Section 8; or (b) any liability of a party which cannot be limited under applicable law, including gross negligence, recklessness, or intentional misconduct.
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Related to Uncapped Claims

  • Released Claims means all Released Defendants’ Claims and all Released Plaintiffs’ Claims.

  • Settled Claims means any and all claims, rights or causes of action or liabilities whatsoever, whether based on federal, state, local, statutory or common law or any other law, rule or regulation, including both known and Unknown Claims, whether direct or derivative, including both known and Unknown Claims, that have been or could have been asserted in any forum by the Class Members or any of them against any of the Released Parties which arise out of or relate in any way to the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, referred to or that could have been asserted in the Action or that relate to the purchase of shares of the common stock of Party City during the Class Period.

  • Insured Claims means those Liabilities that, individually or in the aggregate, are covered within the terms and conditions of any of the Company Policies, whether or not subject to deductibles, co-insurance, uncollectability or retrospectively-rated premium adjustments, but only to the extent that such Liabilities are within applicable Company Policy limits, including aggregates.

  • Released Class Claims means the claims being released as described in Paragraph 6.2 below.

  • Tax Claims means any Claim against the Participating CCAA Parties (or any one of them) for any Taxes in respect of any taxation year or period ending on or prior to the applicable Filing Date, and in any case where a taxation year or period commences on or prior to the applicable Filing Date, for any Taxes in respect of or attributable to the portion of the taxation period commencing prior to the applicable Filing Date and up to and including the applicable Filing Date. For greater certainty, a Tax Claim shall include, without limitation, (a) any and all Claims of any Taxing Authority in respect of transfer pricing adjustments and any Canadian or non- resident Tax related thereto, and (b) any Claims against any BL/Wabush Released Party in respect of such Taxes;

  • Excluded Claims means (a) a party’s breach of its obligations in Section 5 (Confidential Information) (but excluding obligations and/or claims relating to Customer Data); (b) either party’s express obligations under Section 11 (Indemnification); and (c) liability which, by law, cannot be limited.

  • Incurred claims means total claims paid during the experience period, adjusted for the change in claim reserve. (7-1-93)

  • Covered claim means either a Provider Covered Claim or Customer Covered Claim.

  • Disputed Claims Reserve means a reserve of Cash that may be funded on or after the Effective Date pursuant to Article VII.E hereof.

  • Approved Claims means complete and timely claims, submitted by Settlement Class Members, that have been approved for payment by the Settlement Administrator.

  • Disputed Claim means any Claim that is not Allowed.

  • Unsecured Claims means claims which are not secured by any property of the Debtor’s Estate and which are not part of any other class defined in this Plan.

  • Affected Claim means any Claim other than an Unaffected Claim;

  • Section 510(b) Claims means any Claim or Interest against a Debtor subject to subordination under section 510(b) of the Bankruptcy Code, whether by operation of law or contract.

  • DIP Claims means, collectively, the DIP ABL Claims and the DIP Term Loan Claims.

  • Exculpated Claim means any claim, obligation, Cause of Action or liability for any claim, related to any act or omission in connection with, relating to or arising out of the Debtors’ in or out of court restructuring efforts, the Debtors’ Chapter 11 Cases, formulation, preparation, dissemination, negotiation or filing of the Disclosure Statement or the Plan or any contract, instrument, release or other agreement or document created or entered into in connection with the Disclosure Statement or the Plan, including, without limitation, the Plan Support Agreement and related documentation, the filing of the Chapter 11 Cases, the pursuit of Confirmation, the pursuit of Consummation, the administration and implementation of the Plan, including the issuance of Plan Securities, or the distribution of property under the Plan or any other agreement; provided, however, that Exculpated Claims shall not include any act or omission that is determined in a Final Order to have constituted gross negligence or willful misconduct. For the avoidance of doubt, no Claim, obligation or liability expressly set forth in, arising under or preserved in the Plan Supplement constitutes an Exculpated Claim.

  • Retained Causes of Action means those Causes of Action that shall vest in the Reorganized Debtors on the Effective Date, which, for the avoidance of doubt, shall not include any of the Causes of Action that are settled, released or exculpated under the Plan.