Loss or Losses. Any and all direct, actual and out-of-pocket losses, damages, deficiencies, claims, costs or expenses, including reasonable attorneys’ fees and disbursements, excluding (i) any amounts attributable to or arising from overhead allocations, general or administrative costs and expenses, or any cost for the time of any Party’s employees, (ii) consequential losses or damages consisting of speculative lost profits, lost investment or business opportunity, damage to reputation or operating losses, or (iii) punitive or treble damages; provided, however, that the exclusions set forth in clauses (ii) or (iii) above do not apply if and to the extent any such amounts are actually incurred in payment to a third party or government entity.
Appears in 6 contracts
Samples: Servicing Spread Acquisition Agreement (Nationstar Mortgage LLC), Spread Acquisition Agreement (Newcastle Investment Corp), Spread Acquisition Agreement (Nationstar Mortgage LLC)
Loss or Losses. Any and all direct, actual and out-of-pocket losses, damages, deficiencies, claims, costs or expenses, including reasonable attorneys’ fees and disbursements, excluding (i) any amounts attributable to or arising from overhead allocations, general or administrative costs and expenses, or any cost for the time of any Party’s employees, (ii) consequential losses or damages consisting of speculative lost profits, lost investment or business opportunity, damage to reputation or operating losses, or (iii) punitive or treble damages; provided, however, that the exclusions set forth in clauses (ii) or and (iii) above do not apply if and to the extent any such amounts are actually incurred in payment to a third party or government entity.
Appears in 6 contracts
Samples: Future Spread Agreement (Newcastle Investment Corp), Future Spread Agreement (Nationstar Mortgage LLC), Future Spread Agreement (Newcastle Investment Corp)