Claimed Damages definition

Claimed Damages has the meaning set forth in Section 7.2(b).
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Claimed Damages means any amount: 28 <PAGE> 2.25.6.1 which is finally adjudicated by a court of competent jurisdiction, or which is agreed (whether as part of any settlement or otherwise) by Vivendi or any of its Affiliates, to be payable by Vivendi or any of its respective Affiliates in respect of a Claim; or 2.25.6.2 which a court of competent jurisdiction finally adjudicates would have been payable, or which Vivendi or any of its Affiliates agrees (whether as part of any settlement or otherwise) would have been payable, by Vivendi or any of its Affiliates in respect of a Claim but for any minimum aggregate claim threshold (but not any threshold in relation to individual claims) expressly imposed by the terms of the Vivendi Sale Agreement; or 2.25.6.3 which the Legal Expert estimates would have been payable by Vivendi or any of its Affiliates in respect of a Claim or in respect of facts or circumstances which would have given rise to the ability to make a Claim but for any overall cap on the liability of Vivendi and/or its Affiliates expressly imposed by the terms of the Vivendi Sale Agreement. 2.25.7 If: 2.25.7.1 any Claimed Damages are actually recovered by either party or any of their respective Affiliates or by any Jointly-owned Entity from Vivendi and/or its Affiliates; and 2.25.7.2 other Claimed Damages are not actually recovered by either party or any of their respective Affiliates or by any Jointly-owned Entity from Vivendi and/or its Affiliates as a result of any threshold or cap described in Clauses 7.1.6.2 or 7.1.6.3 above, then the parties agree that the Claimed Damages falling within Clause 7.1.7.1 above shall be divided between the claimants in the proportions which the total Claimed Damages of each claimant bears to the total amount of Claimed Damages. 2.26
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Claimed Damages shall have the meaning set forth in Section 12.10(e).
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Examples of Claimed Damages in a sentence

  • Claimed Damages Dollars in millions There are a few observations that can be made on the cases with party costs that were far lower or higher than normal in expense compared to the average.

  • Claimed Damages $35,000,000 $30,000,000 $25,000,000 Party Costs$20,000,000 $15,000,000 $10,000,000 $5,000,000 $0Claimed Damages As can be seen from the linear trend line, the costs of the cases generally follow the amount at risk in damages.

  • It was expected that the Plaintiffs would initiate damages assessment proceedings for assessment of the Claimed Damages.

  • Net Award” means the value of Claimed Damages adjusted by subtraction of the value of Excluded Damages.

  • Claimant’s Claimed Damages Based on Financial Documents During review of the Claimant’s original and reconsideration claim submissions, we requested the Claimant provide the amount of profits or earnings in comparable periods and during the period when the claimed loss or impairment was suffered as established by income tax returns, financial statements and similar documents.

  • If the determination by the Arbiter is that a Material Breach exists and the Arbiter selects (1) the Purchaser’s Claimed Damage, then the Escrow Funds shall be paid to the Purchaser in accordance with the Escrow Agreement or (2) Seller’s Claimed Damage, then a portion of the Escrow Funds in the amount of Seller’s Claimed Damages shall be paid to the Purchaser and the balance of the Escrow Funds shall be paid to Seller, in each case in accordance with the escrow agreement to be agreed by the parties.

  • However it may not entirely be seen as the opposite of reliability.

  • Other portions of Claimed Damages as equitably determined by CAW in its sole discretion.

  • This matter is before the Court on Defendant’s Motion for Summary Judgment Related to Plaintiff’s Claimed Damages (Docket #155).

  • Vendor will provide a Claimed Damages weekly report to Auburn University Parking Services by 5:00 PM each Friday when classes are in session.


More Definitions of Claimed Damages

Claimed Damages has the meaning set forth in Section 9.5(a).
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Claimed Damages means any amount:
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Related to Claimed Damages

  • Indemnified Damages shall have the meaning assigned to such term in Section 6(a).

  • Liquidated Damages shall have the meaning set forth in Section 2(e) hereof.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Covered Damage All damages to property of the unit's owner, up to $1,475.00 in the aggregate for each Stay, that occurs during the Covered Guest's stay and that is the result of the inadvertent acts or omissions of the Covered Guest or the Covered Guest's invitee, excluding the damages listed in the conditions section above. • "Covered Guest": All registered guests and all persons booked to share the same unit of accommodations, and have paid the required plan cost. • "Stay": The stay at an iTrip unit, from the date of a Covered Guest's check-in to the date of check-out.

  • Cover Damages means, with respect to any Delivery Shortfall, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 and the Cover Sheet, multiplied by the quantity of that Delivery Shortfall, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code.

  • Indemnifiable Damages shall have the meaning set forth in Section 9.1 herein.

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Overhead Damage means any damage to the Vehicle or to any third-party property that is caused by:

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Delay Liquidated Damages has the meaning set forth in Section 13.1.

  • Resale Damages means, with respect to any Rejected Purchase, an amount equal to (a) the positive net amount, if any, by which the applicable Price that would have been paid pursuant to Section 4.4 hereof for such Rejected Purchase, had it been accepted, exceeds the Resale Price multiplied by the quantity of that Rejected Purchase, plus (b) any applicable penalties assessed by ISO-NE or any other Person against Seller as a result of Buyer’s failure to accept such Products. Seller shall provide a written statement explaining in reasonable detail the calculation of any Resale Damages.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Indemnification Claim Notice has the meaning set forth in Section 11.3.

  • Indemnified Claims shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard.

  • Special Damages shall have the meaning as set forth in Section 5.07.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Buyer Losses shall have the meaning set forth in Section 8.2.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Buyer Indemnified Persons has the meaning set forth in Section 8.2.

  • SPECIAL LIQUIDATED DAMAGES means the amount payable by the Transport Supplier in case of default arising out of Non-availability of vehicle(s)/crew when the Company's operations are normal and also Non-availability of services due to unauthorized / lightening strike by Transport Supplier or his/her crew for any reason whatsoever. The period of non-availability of services will be treated as shutdown and shall attract Special Liquidated damage at the rate of twice the pro- rata fixed charge per day. Special L.D. shall be levied irrespective of whether such default resulted in a shutdown for the whole day or part thereof.

  • Indemnity Claim has the meaning set forth in Section 8.3.

  • Indemnification Obligations means each of the Debtors’ indemnification obligations in place as of the Effective Date, whether in the bylaws, certificates of incorporation or formation, limited liability company agreements, other organizational or formation documents, board resolutions, management or indemnification agreements, or employment or other contracts, for their current and former directors, officers, managers, employees, attorneys, accountants, investment bankers, and other professionals and agents of the Debtors, as applicable.

  • Indemnification Claim has the meaning set forth in Section 12.3.