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. All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's expense. The State and ODOT shall not be liable for the Proposer's damages or costs for filing the protest or to any participant in the protest, on any basis, express or implied.
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. The indemnifying party shall pay resulting costs and damages finally awarded or agreed to in a settlement, provided the indemnified party: (i) makes no admission of the alleged infringement; (ii) gives the indemnifying party written notice of any action filed or threatened;
Costs and Damages. In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15.
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. 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. Algo Sub will be responsible for all costs, expenses, and legal fees (collectively, "Costs") incurred by Algo Sub in connection with any Claim (whether filed by Parent or Algo Sub), and Parent will be responsible for all Costs, incurred by Parent in connection with any Claim (whether filed by Parent or Algo Sub). Algo Sub will be entitled to all damages awarded as a result of, or agreed to in a monetary settlement of, any Claim (regardless of which party files or prosecutes the Claim) to the extent that such damages are attributable to infringement of the Specific Patent Rights. Parent will be entitled to all damages awarded as a result of, or agreed to in a monetary settlement of, any Claim (regardless of which party files or prosecutes the Claim) to the extent that such damages are attributable to infringement of the non-Specific Patent Rights. All damages not attributable to infringement will be shared between Algo Sub and Parent as follows: each party will be entitled to recover the Costs it incurred in connection with the Claim in proportion to the amount of Costs incurred, respectively, by Algo Sub and Parent (for example, if Parent incurred $700,000 in Costs and Algo Sub incurred $300,000, Parent would receive 70% of the damages and Algo Sub would receive 30%), and if and when all such Costs have been recovered, Algo Sub and Parent will each receive fifty percent (50%) of the remaining amount of damages.
