Claim for Damages. Executive acknowledges that, in addition to seeking injunctive relief, any of the entities comprising the Enterprise may bring a cause of action against Executive for any and all losses, liabilities, damages, deficiencies, costs (including, without limitation, court and arbitration costs), and expenses (including, without limitation, reasonable attorneys’ fees), incurred by the Enterprise and arising out of or due to any breach of any Covenant. In addition, either party may bring an action against the other for breach of any other provision of this Agreement.
Claim for Damages. Employee acknowledges that, in addition to seeking injunctive relief, any of the Aflac Companies may bring a cause of action against him for any and all losses, liabilities, damages, deficiencies, costs (including, without limitation, court costs), and expenses (including, without limitation, reasonable attorneys’ fees), incurred by the Aflac Companies and arising out of or due to his breach of any Covenant or agreement contained in Paragraph 15. Notwithstanding anything herein to the contrary, the breach of any Covenant will cause Employee to forfeit any and all payments otherwise due under subparagraphs A(1), B(1) and B(3) (as applicable) of Paragraph 13, and the breach of the nondisclosure Covenant set forth in Paragraph 15.B will cause Employee to forfeit any and all payments otherwise due under subparagraphs A(2) and B(2) (as applicable) of Paragraph 13; and Employee agrees to repay to the Aflac Companies any amount already paid under such applicable subparagraph.
Claim for Damages. Where this Deed provides for damages to be payable by a Seller, the Servicer or the Manager:
Claim for Damages. Employee acknowledges that, in addition to seeking injunctive relief, any of the Aflac Companies may bring a cause of action against him for any and all losses, liabilities, damages, deficiencies, costs (including, without limitation, court costs), and expenses (including, without limitation, reasonable attorneys’ fees), incurred by the Aflac Companies and arising out of or due to my breach of any Covenant or agreement contained in Paragraph 15. Notwithstanding anything herein to the contrary, the breach of any Covenant will cause Employee to forfeit any and all payments otherwise due under Paragraph 13, and Employee agrees to repay to the Aflac Companies any amount already paid under such applicable subparagraph.
Claim for Damages. Tenant shall not be entitled to claim, or have paid to Tenant, any compensation or damages whatsoever for or on account of any loss, injury, damage or taking of any right, interest or estate of Tenant, and Tenant hereby relinquishes and hereby assigns to Landlord any rights to any damages, but Landlord shall be entitled to claim and have paid to it for the use and benefit of Landlord all compensation and damages for and on account of or arising out of such taking or condemnation without deduction from the amount thereof for and on account of any right, title interest or estate of Tenant in or to said property, and Tenant, upon request of Landlord, shall execute any and all releases or other documents as shall be required by such public or quasi-public authority; provided however, Tenant shall have the right to make its claim for its fixtures and moving expenses to the extent such damages are allowable.
Claim for Damages. Executive acknowledges that, in addition to seeking injunctive relief, Cash America may bring a cause of action against Executive for any and all losses, liabilities, damages, deficiencies, costs (including, without limitation, court costs), and expenses (including, without limitation, reasonable attorneys’ fees), incurred by Cash America and arising out of or due to any breach of any covenant or agreement of Executive contained in Sections 7, 8, 9, or 10. In addition, either party may bring an action against the other for breach of any other provision of this Agreement.
Claim for Damages. In claiming damages, including liquidated damages, from the Seller under this Contract, the Buyer may be reimbursed by way of deduction from the cost of the Goods including reimbursable costs remaining unpaid to the Seller or by claiming against the bank issuing the performance security as the Buyer may prefer.
Claim for Damages. Any Indemnified Xxxxxx xeeking indemnification for any claim shall give written notice in accordance with Section 11.3 of this Agreement (an “Indemnification Claim”), promptly after discovery of the potential claim; provided, however, that an Indemnified Person shall not be foreclosed from seeking indemnification by any failure to provide timely notice of the existence of an Indemnification Claim, provided that the amount of any such claim will be reduced by the amount that the indemnifying party actually has been materially damaged or prejudiced as a result of such delay. All Indemnification Claims submitted shall be paid within thirty (30) calendar days after the later of written demand for such Indemnification Claim or final determination of the amount of the Indemnification Claim.
Claim for Damages. The Applicant agrees to maintain, indemnify, and save harmless the United States against and from any and all claims for damages which may arise from or in connection with the privileges herein granted, excepting claims for injuries or death to persons resulting from willful or grossly negligent acts or omissions of the United States or any of its officers, employees, agents, or agencies. This provision also shall not be construed to require the Applicant to indemnify the United States from any liability it may have incurred under Federal or state environmental laws for any act or omission of the United States, or its officers, agents, or employees, at Pease AFB.
Claim for Damages. In the even t of loss or damage to you or your property as a result of our activities or our failure to comply with this contract, the Operating Licence or Act, we may compensate you for any loss suffered. A claim for damages must be in writing and must specify the n ature of the problem and the type of compensation sought. We will advise you within five working days of receiving your claim of: • how we or our insurers will investigate the claim; • a proposed response time for a representative of us or our insurers to vis it your property (if required) and to make a decision; • the name and contact details of the representative of our insurers or us who is able to advise you of the progress of your claim. You will be provided with an assessment of your claim, in writing, wit hin the time indicated. The written assessment will outline the reasons for the decision and the type of compensation to be provided, if any. If you are not satisfied with our decision, you have the right to seek review of your claim under clause 12.2 or you may seek an external review under clause 12.4.
