Covered Losses. (a) The Company shall indemnify and hold harmless any Member from any Covered Loss in excess of such Member's Proportionate Share of such Covered Loss.
Covered Losses. Notwithstanding anything in this Agreement to the contrary, each Indemnified Party waives, and shall cause its insurance carrier(s) and any other party claiming through or under such carrier(s) to waive, by way of subrogation or otherwise, any and all rights of recovery against the Developer for any Claim, including Claims arising out of the negligence of any Indemnified Party, which loss or damage is covered by insurance maintained by an Indemnified Party.
Covered Losses. The parties agree that, following the Closing Date, the responsibility of the parties and their respective Affiliates with respect to Covered Losses shall be as set forth on Schedule 8.9 of the Disclosure Letter.
Covered Losses. 9.1 The Parent shall not be liable in respect of any Warranty Claim to the extent that the claim relates to a Covered Loss.
Covered Losses. For any Calendar Quarter, a “Covered Loss” shall be equal to 90% of any Citigroup Quarterly Net Loss for that quarter, but only to the extent that such Citigroup Quarterly Net Loss, when taken together with all prior Citigroup Quarterly Net Losses incurred on a cumulative basis by the Citigroup Ring-Fence Entities subsequent to the Effective Time, exceeds the Citigroup Deductible; provided, that in no event shall any Loss arising from a failure by any Citigroup Ring-Fence Entity to manage the Covered Assets in accordance with the Governance and Asset Management Guidelines be considered in calculating a Citigroup Quarterly Net Loss or a Covered Loss hereunder.
Covered Losses. (a) Section A Covered Losses shall equal six and 88/100 percent (6.88%) of Section A Subject Losses on Fixed Annuity policies. (b) Section B Covered Losses shall equal (i) ninety-three and 12/100 percent (93.12%) of Section B Subject Losses on Fixed Annuity policies and (ii) one hundred percent (100%) of Section B Subject Losses on Equity Index Annuity policies. The Reinsurer's aggregate liability under this Agreement for Section B Covered Losses shall not exceed fifty million dollars ($50,000,000). (c) The sum of Section A Covered Losses and Section B Covered Losses shall hereinafter be referred to collectively as "Covered Losses". Section A Covered Losses and Section B Covered Losses shall pertain only to that portion of 2002 Subject Business not previously reinsured. 3.05 -
Covered Losses. The Sellers shall not be liable for any Loss to the extent the Loss:
Covered Losses. The Vendor shall not be liable in respect of any Relevant Claim to the extent that the claim relates to a Covered Loss. A
Covered Losses. (a) Section A Covered Losses shall equal two percent (2%) of Section A Subject Losses.
Covered Losses. This Agreement is to pay the Company for Ultimate Net Loss in excess of the Retention arising under the Subject Business.
