Computation of Damages. Our liability for loss, damage or shortage of freight will not exceed the actual loss or damage to the freight minus the salvage value of the freight, subject to the $100,000.00 per vehicle limit and other applicable limitations. Amounts for which we are not liable include loss of or damage to any goods not identified in the transportation documents, loss of or damage to any dunnage, freight charges, attorneys’ fees and brokerage fees, fines, import duties or other charges on shipments intended for export. The Company will not, under any circumstances, be liable to any customer, supplier, consignor, consignee, beneficial owner, third party logistics provider or any other party for consequential, special or indirect damages, lost profits, lost savings, punitive damages, losses due to fluctuations in the freight’s market value, exemplary damages or attorney’s fees or interest relating in any way to services performed or arranged by us, or to loss, damage or delay of freight, regardless of whether we were aware of or reasonably or otherwise could have foreseen any such damages.
Computation of Damages. For purposes of computing any Damages under this Section 8 with respect to any representation, warranty, covenant or agreement that is qualified as to materiality or Material Adverse Effect, the amount of the Damages shall be the entire amount of Damages arising by reason of the breach of such representation, warranty, covenant or agreement and not merely the amount of such Damages in excess of an amount that constitutes material Damages or in excess of an amount that constitutes a Material Adverse Effect.
Computation of Damages. The Employee agrees that if he breaches the restrictive covenants set forth in this Agreement, he shall pay the actual damages which the Corporation sustains following such breach. In addition to the actual damage amount, the Employee shall pay the reasonable attorneys’ fees, costs and professionals’ fees of the Corporation that arise from or are associated with the Employee’s breach of any such restrictive covenant.
Computation of Damages. If You or your guests or visitors or occupants, by any action or inaction or omission, cause any property owned or managed by Us to be issued a strike or otherwise cause Us or the Premises or any property owned or managed by Us to be placed on probationary status with the City of Raleigh, You shall be liable to Us for any and all damages which may incur as a result of the strike or the probationary status, including but not limited to any of the following (i) lost rents, (ii) daily fines and other related fines, (ii) penalty or enrollment fees paid to the City of Raleigh, and
Computation of Damages. For the purposes of this Article VIII, all Damages of an Indemnified Person as a result of an event or circumstance for which such Indemnified Person is subject to indemnification under this Article VIII shall be computed net of any Tax benefit that such Indemnified Person actually realizes in the year it incurs the Damages as a result of being able to currently deduct the Damages for Tax purposes. For purposes of the prior sentence, the amount of any Tax benefit shall be reduced to the extent an Indemnified Person or its Affiliate actually incurs any Tax detriment as a result of currently including an indemnification payment into income as required under applicable law.
Computation of Damages. Upon any finding of a violation of Section 1 of this Article, compensatory damages (i.e., the amount by which any player has been injured as a result of such violation) and non-compensatory damage s (i.e., the amount exceeding compensatory damages) shall be awarded as follows:
Computation of Damages. ASI and the Carrier’s liability for loss, damage or shortage of cargo will not exceed the actual loss or damage to the cargo minus the salvage value of the cargo, subject to applicable limitations of liability. Amounts for which ASI and the Carrier’s are not liable include loss of or damage to any goods not identified in the transportation documents, loss of or damage to any dunnage, transportation charges and brokerage fees, fines, import duties or other charges on shipments intended for export.
Computation of Damages. For purposes of this Article VII, all Damages shall be computed net of any insurance coverage or other third party payments with respect thereto, in each case that reduce such Damages that would otherwise be sustained; provided, however, that in all cases, the timing of the receipt or realization of insurance proceeds or third party payments shall be taken into account in determining the amount of reduction of such Damages. Parent and Buyer shall use commercially reasonable efforts to pursue, and to cause their affiliates to pursue, all insurance claims and other third party payments to which they may be entitled in connection with any Damages incurred. If Parent or Buyer (or an affiliate) becomes entitled to receive any insurance or other third party payment in connection with any claim for Damages for which it has already received a payment from Seller or the Controlling Owner, as the case may be, it shall pay to Seller or the Controlling Owner, as applicable, within 30 days after such payment becomes receivable, an amount equal to the excess of (a) the amount previously received by Parent or Buyer from such Person with respect to such claim plus the amount of such insurance or other third party payment, over (b) the amount of Damages to which Parent or Buyer has become entitled under this Agreement in connection with such claim.
Computation of Damages. Damages shall be determined net of any insurance benefits, amounts received from a third party or Tax Benefits realized in the year the Damages were incurred, which are actually realized by the Purchaser Indemnitees, to the extent related to the Damages. If the Purchaser, the Company, the Subsidiaries and/or any of their respective Affiliates realizes a Tax Benefit within in the taxable year in which the applicable Damages are incurred and the immediately following taxable year and such Tax Benefit was not included in the computation of Damages, the Purchaser shall within ten (10) days of filing the Tax Return claiming the Tax Benefit (or, if the Tax Benefit is in the form of a refund, within ten (10) days of receiving the refund from the Governmental Entity) pay such amount to the Seller.
Computation of Damages. (a) For purposes of this Article V, the amount of Damages in each instance where indemnification is sought shall be deemed to be an amount (x) net of any insurance proceeds and any indemnity, contribution or other similar payment actually received from any third party with respect thereto, and (y) net of any tax benefit actually realized by Aptec or Newco, as the case may be (i.e. the amount of Damages shall be computed on an after-tax-basis to the extent that the costs to which such Damages relate actually give rise to a tax deduction). For purposes of this Section, a tax benefit will arise when actually realized by Aptec or Newco in the year in which the accrual of such costs is made and the amount of such tax benefit shall be determined by reference to Newco's (if the claim pertains to indemnification to EM by the Xxxxxxx Holders) or Aptec's (if the claim pertains to indemnification to EM by the Xxxxx Holders) effective rate of taxation in such year, without giving effect to the inclusion of Newco or Aptec in any consolidated tax return of EM or its Affiliates.
