Excess Loss Sample Clauses
The Excess Loss clause defines the allocation of financial responsibility for losses that exceed a specified threshold or limit, typically in insurance or indemnity agreements. In practice, this clause stipulates that once losses surpass a predetermined amount, the party designated in the contract—often an insurer or reinsurer—will cover the additional losses above that threshold. For example, if a policyholder incurs damages beyond their deductible or retention, the excess loss provision determines who pays for the surplus. This clause is essential for managing risk exposure and ensuring that catastrophic or unusually large losses are appropriately distributed between parties, thereby providing financial protection and predictability.
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Excess Loss. Seventh, between the Members in proportion to ----------- their respective Percentage Interests at the end of the relevant year or period.
Excess Loss. Subject to Section 7.3 and other provisions of this Agreement regarding losses, Terminal Company shall be liable to User for any Excess Loss. Any liability of Terminal Company to User for an Excess Loss shall be calculated and settled at the ********** during the Term and any extensions thereof by Terminal Company replacing such Excess Loss in kind on or before the end of the month following the ********* or paying to User the fair market value for the applicable Commodities as of the **********. All Terminal Loss incurred up to the allowed Contract Loss shall be for User's account, and Terminal Company shall have no liability whatsoever for such Contract Loss.
Excess Loss. Network shall purchase an excess loss policy from an insurer reasonably acceptable to Company, effective upon the Implementation Date, which policy shall insure Network (and name Company as an additional insured) against the financial risk assumed by Network (less a risk corridor in a policy that is industry standard and as mutually acceptable to the Parties), for the provision, or the arranging for the provision, of Home Health Services in excess of the total PMPM Amount (as determined on an actuarially sound basis) for any calendar year. As an alternative to this Excess Loss policy, Network may deliver a policy or maintain adequate reserves designed to provide similar protection in form and substance reasonably acceptable to Company.
Excess Loss the Contractor’s actual total liability to BT arising by reason of any act or omission of the Contractor or any Contractor Party (including any breach by the Contractor of any of its obligations under this Agreement, any tortious act or omission (including negligence) or otherwise), save to the extent that such liability is caused by any breach of any express provision of this Agreement by BT or any deliberate act or omission of BT, exceeding [**] Pounds Sterling (£[**]); or
Excess Loss. Subject to Section 7.3 and other provisions of this Agreement regarding losses, Terminal Company shall be liable to User for any Excess Loss. Any liability of Terminal Company to User for any Excess Loss shall be calculated and settled at the ********** during the Term and any extensions thereof by Terminal Company replacing such Excess Loss in kind on or before the ********** or paying to User the fair market value for the applicable Commodities as of the end of the month following such Contract Year. However, it is understood that the Terminal Company shall redeliver to User, less actual physical loss, all Commodities delivered to the Terminal. All Terminal Loss incurred up to the allowed Contract Loss shall be for User's account, and Terminal Company shall have no liability whatsoever for such Contract Loss, provided supporting documentation is verifiable by User or its designee.
Excess Loss. Any Bankruptcy Loss, or portion thereof, in excess of the then-applicable Bankruptcy Loss Limit, any Fraud Loss, or portion thereof, in excess of the then-applicable Fraud Loss Limit, and any Special Hazard Loss, or portion thereof, in excess of the then-applicable Special Hazard Loss Limit.
Excess Loss. Not applicable.
Excess Loss. The Net Losses allocated under Section 4.2(a) to any Member shall not exceed the maximum amount of Net Loss that can be so allocated without causing or increasing an Adjusted Capital Account Deficit. If some but not all of the Members would have an Adjusted Capital Account Deficit as a consequence of an allocation of Net Loss pursuant to Section 4.2(a), then the limitation set forth in this Section 4.2(b) shall be applied so as to allocate the maximum permissible Net Losses to each Member under the preceding sentence and Treasury Regulation Section 1.704-1(b)(2)(ii)(d). In the event that the allocation of Net Losses to any Member is prohibited under the first sentence of this Section 4.2(b), such Net Losses shall be allocated to the remaining Members in proportion to their respective positive Capital Account balances. With respect to each Fiscal Year or other Fiscal Period thereafter, Net Income (or, to the extent necessary, gross income) shall be allocated to the Members up to the aggregate of, and in proportion to, any Net Losses previously allocated to each Member in accordance with this Section 4.2(b) in the reverse order in which such Net Losses were allocated.
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