Costs and Damages. If, following a Final Determination, the parties to Claims made by them and applicable to any matter for which Indemnified Parties are entitled to be indemnified hereunder, other than any of the Indemnified Parties, are unsuccessful in whole or in part with respect of such Claims such that damages and costs (“Damage Recoveries”) are awarded to any of the Indemnified Parties, New Lorus will, provided that it is not then in default of its obligations hereunder relating to such Claims, be entitled to receive, and such Indemnified Parties will forthwith upon receipt thereof pay, or direct the payment by the payor of, all such Damage Recoveries to New Lorus, provided that the Indemnified Parties will be entitled to retain such amounts as may be necessary to compensate for the Taxes paid by any of the Indemnified Parties, if any, resulting from the receipt by it of such Damage Recoveries or to satisfy other Losses suffered, sustained, paid or incurred by any of the Indemnified Parties pursuant to Claims if not already paid for by New Lorus.
Costs and Damages. In the event of any legal dispute concerning the subjects of this contract, the substantially prevailing party shall be entitled to recover its reasonable attorney's fees and court costs, together with all actual damages from breach. It is understood that in no event shall the City be liable to Contractor for consequential damages.
Costs and Damages. Subject to the provisions set forth below, notwithstanding anything to the contrary in the Lease (including, without limitation, Sections 22.10, 18.3 and 18.4 thereof), Landlord shall indemnify Tenant and its partners, directors, officers, agents and employees against and save them harmless from all demands, claims, damages, causes of action or judgments and all reasonable expenses incurred in investigating or resisting the same (including reasonable professional fees, including without limitation, fees for attorneys, architects, engineers, and environmental consultants and any costs or damages incurred relative to a transition from Landlord to Tenant for performing the Landlord’s Work) arising from or out of Tenant’s performing the Landlord’s Work. Tenant shall be entitled to interest at the rate of Bank of America’s “reference rate” plus 3% on any amounts expended by Tenant as provided herein.
Costs and Damages. Each party will be responsible for its own costs, losses, and damages related to the sharing of data under this DSA. Neither party will be liable to the other for any claim related to or arising under this DSA for consequential, incidental, indirect, or special damages. If any act, error, omission, negligence, misconduct, or breach by EGLE or its contractor compromises the security or integrity of the data, EGLE will take all reasonable actions required to comply with applicable law as a result of such security incident.
Costs and Damages. Each party will be responsible for its own costs, losses, and damages related to the sharing of data under this MICIP-Agreement except as otherwise provided in §13, Security Breach Notification, below. Neither party will be liable to the other for any claim related to or arising under this MICIP-Agreement for consequential, incidental, indirect, or special damages.
Costs and Damages. Tenant shall be liable to, and shall reimburse, Landlord for any and all actual reasonable expenditures incurred and for any and all actual damages suffered by Landlord in connection with any Event of Default, collection of Rent or other impositions owed under this Lease, the remedying of any default under this Lease or any termination of this Lease, unless such termination is caused by the default of Landlord, including all costs, claims, losses, liabilities, damages and expenses (including without limitation, reasonable attorneys’ fees and costs) incurred by Landlord as a result thereof.
Costs and Damages. In the event any dispute between BN and EA results in the commencement of litigation, the prevailing party shall be entitled to collect from the other party, as additional damages, all costs and expenses incurred in such litigation, including an award for reasonable attorney fees incurred.
Costs and Damages. The prevailing party in each Declaratory Judgment Action, upon a final decision of the Declaratory Judgment Action by the court, shall have the right to recover from the other party all out-of-pocket costs, including reasonable attorneys' fees resulting from such Declaratory Judgment Action and any direct damages suffered by such prevailing party.
Costs and Damages. Judicial and extrajudicial costs (especially costs and expenses arising in connection with the disbursement of the loan e.g. fees for telegraphic transmission, but not the Bank's own costs) arising now and in the future associated with the credit or loan (hereinafter always referred to as “loan”), taxes, other expenses that are caused through the improper fulfillment of the obligations assumed shall be borne by the borrower.