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 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. 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. 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. Any Indemnified Person seeking indemnification for any claim shall give written notice to the indemnifying party in accordance with Section 9.1 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 have 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. Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for acts it is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
Claim for Damages. 15.2.1 The Seller shall compensate in damages the Buyer and the Buyer Guarantor for any loss which the Buyer or the Buyer Guarantor incurs as a result of a breach of the Seller Warranties or any breach or non-fulfilment of any covenant, agreement or obligation to be performed by the Seller or the Seller Nominee or the Seller Guarantor pursuant to this Agreement or any other Transaction Document.
Claim for Damages a) In the event of physical loss or damage to you or your Property as a result of our failure to comply with this Agreement, the Operating Licence or the Hunter Water Act, we may compensate you for any loss suffered, following our investigation of the matter. However you should make your initial claim to your insurance com- pany. If your loss is not covered by an insurance policy you may notify us for consideration.
Claim for Damages. All personal property belonging to the Tenant or to any other person and located in the premises or about the building in which the premises are situated shall be at the sole risk of the Tenant or such other person neither Landlord nor Landlord's agents or employees shall be liable for the theft or misappropriation thereof, nor for any damage or injury to Tenant or to any other persons or property caused by, but not limited to water, snow, frost, steam, heat or cold, dampness, falling plaster, sewers or sewage, gas odors, noise, the bursting or leaking of pipes, plumbing, electrical wiring and equipment and fixtures of all kinds or any act, neglect or omission of other tenants or occupants of the building in which the premises are situated or of any other person or caused in any other manner whatsoever. Tenant shall indemnify and save Landlord and the premises free and harmless from any and all liens, judgments, fines, penalties, costs, expenses, damage or liability occasioned by any act or neglect of Tenant, or any other occupant of the premises, their agents, employees, subtenants or assignees or by reason of the failure on the part of any such person to perform any act or thing which should have been done or performed or arising out of any act causing injury or death to any person whatsoever or damage to property whatsoever and due directly or indirectly to the use of the premises by Tenant, and other occupant of the premises, their agents, employees, subtenants or assignees or any other person or persons claiming under the Tenant. Notwithstanding anything to the contrary in the foregoing provisions of this paragraph, nothing herein contained shall be deemed an exculpation or limitation of any liability of the Landlord imposed by law in respect of the premises or an indemnity against any such liability or its related costs.