Losses and Expenses. Owner shall reimburse Servicer for the following reimbursable expenses (“Reimbursable Expenses”): expenses incurred in connection with the performance by Servicer at the request of Owner of any activity that is not specifically required to be performed by Servicer under this Agreement and is not reasonably ancillary to any specific requirements of Owner under this Agreement. Except as otherwise expressly provided in this Agreement, each Party shall pay its own expenses incurred in connection with the preparation of and performance under this Agreement, including, without limitation, its own legal fees and expenses of preparing and delivering the notices, documents, reports, accountings and any other information required of it hereunder.
Losses and Expenses. 2.24.1 The Owner shall remain responsible, as between the Owner and the Servicer, for losses related to the Owner’s investment in the Mortgage Loans. Losses of the type referred to above for which the Owner shall remain responsible include, but are not limited to: credit losses, special hazard insurance premiums, earthquake losses, losses resulting from the absence or inadequacy of hazard insurance or flood insurance for a Mortgaged Property in accordance with Applicable Requirements, foreclosure losses, REO Property losses, losses on Mortgage Loans in default or in bankruptcy, and losses in connection with the Soldiers and Sailors Civil Relief Act (and any successor to such Act).
Losses and Expenses. 2.24.1. The related Owner shall remain responsible, as between such Owner and the Servicer, for losses related to the related Owner’s investment in the Mortgage Loans. Losses of the type referred to above for which the related Owner shall remain responsible include, but are not limited to: credit losses, special hazard insurance premiums, losses in connection with the final sale price of a REO Property or foreclosure sale, losses on Mortgage Loans in default or in bankruptcy, and losses in connection with the Soldiers and Sailors Civil Relief Act (and any successor to such Act); provided that Servicer shall be liable for any losses resulting or arising from failure of Servicer to perform its duties and service the Mortgage Loans in compliance with the terms of this Agreement.
Losses and Expenses. The Guarantor hereby agrees to defend, indemnify and hold harmless each Guaranteed Creditor from and against any losses, costs or expenses (including, without limitation, reasonable attorneys’ fees and litigation costs) incurred by such Guaranteed Creditor in connection with any Guaranteed Creditor’s collection of any sum due hereunder or its enforcement of its and the other Guaranteed Creditors’ rights hereunder.
Losses and Expenses. (a) Subject to Section 4.08(b) and (c) hereof (and except as may otherwise be expressly provided in this Agreement), Owner shall remain responsible, as between Owner and Servicer, for losses related to Owner’s investment in the Servicing Rights or, as applicable, the Mortgage Loans owned by Owner, as distinct from (and which shall not include) costs and expenses related to the performance of the servicing duties delegated to Servicer hereunder, for which Servicer shall be responsible. Losses of the type referred to above for which Owner shall remain responsible include, but are not limited to: investor repurchase demands, Recourse Obligations, pool insurance premiums, special hazard insurance premiums, earthquake losses, losses resulting from the absence or inadequacy of hazard insurance or flood insurance for a Mortgaged Property in accordance with Accepted Servicing Practices, foreclosure losses, REO losses, VA No-Bid Instructions, VA partial guaranties, interest shortfalls due to timing of prepayments and liquidations required under the terms of the Xxxxxx Xxx Guides, which are in excess of the amounts specified in Section 2.04(ii), Servicing Advances, Nonrecoverable Advances and Catastrophic Advances, including, without limitation, those that may be required in connection with the Servicemembers Civil Relief Act.
Losses and Expenses. 2.23.1. The Owner shall remain responsible, as between the Owner and the Servicer, for losses related to the Owner’s investment in the Mortgage Loans as distinct from (and which shall not include) costs and expenses related to the performance of the servicing duties delegated to the Servicer hereunder, for which the Servicer shall be responsible as provided in this Agreement. Losses of the type referred to above for which the Owner shall remain responsible include, but are not limited to: credit losses, special hazard insurance premiums, earthquake losses, losses resulting from the absence or inadequacy of hazard insurance or flood insurance for a Mortgaged Property in accordance with Applicable Requirements, foreclosure losses, REO Property losses, and losses in connection with the Soldiers and Sailors Civil Relief Act (and any successor to such Act).
Losses and Expenses. We may require adequate security or invoke other security measures to protect the Credit Union from all losses and expenses incurred if we follow your instructions. You hereby agree to reimburse us for all losses and expenses incurred if we follow your instruc- tions (whether your instructions or those of your Authorized Agent, Representative or Signer). You agree to reimburse us for any damages, losses, liabilities, expenses and fees (including but not limited to reasonable attorneys’ fees) that we incur in connection with your Account(s) if we take an action in accordance with your, or what purports to be your, oral, written or electronic instructions.
Losses and Expenses. Lender and Participant shall share in accordance with their respective Percentage Interests any losses sustained in connection with the Loan and all Expenses incurred hereafter by Lender. All such cost and expenses to be paid within three (3) business days of notification of the amount due. Lender shall use best efforts to recover from Borrower all Expenses that are reimbursable from Borrower under the Loan Documents and shall remit Participant`s share of such Expenses promptly after receipt. However, in the event of acceleration by default or otherwise, the Participant shall receive 100% of the payments received by the Lender until the Participant's investment and costs have been paid in full.
Losses and Expenses all compensatory, exemplary or punitive damages, fines, charges, costs, expenses, lost profits, reasonable fees of attorneys and other engaged professionals, court costs, settlement amounts, judgments, costs of or resulting from delays, financing, costs of advertising material and media time/space, and costs of changing, substituting or replacing the same, and any and all expenses of recall, refunds, compensation, public notices and other such amounts incurred in connection with the matters described in Section 12. MATERIAL EVENT OF DEFAULT - an Event of Default which constitutes a substantial deviation from the performance required. MULTI-UNIT MANAGER(S) - the individual(s) designated as described in Section 5.E who shall be solely dedicated to the management and supervision of the Restaurants. NSO-TEAM - a "new store opening team" consisting of Friday's employees and certain of Franchisee's employees to whom Friday's has consented which shall perform the functions described in Section 5.I. OPERATOR - an individual designated as described in Section 5.B. who shall devote his full time and best efforts to the management and supervision of (i) Developer's duties and obligations hereunder; and (ii) the operation of the Restaurants. OTHER CONCEPTS - Retail, wholesale, restaurant, bar, tavern, take-out or any other type of business involving the production, distribution or sale of food products, beverages, services, merchandise or other items in connection with the use of one, some or all of the Proprietary Marks or other names or marks, but utilizing a system other than the System pursuant to which a T.G.I. Friday's Restaurant is operated. OWNER - the party (if other than the Developer) owning or controlling the Site and being a party (with Developer) to the Occupancy Contract. PAYMENTS - all transfers of funds from Developer to Friday's including, without limitation, the Development Fee and reimbursement of expenses. PERMANENT DISABILITY - any physical, emotional or mental injury, illness or incapacity which would prevent the afflicted person from performing his obligations hereunder for more then ninety (90) consecutive days as determined by a licensed physician selected by Friday's. PRELIMINARY SITE CONSENT - written communication from Friday's to Developer notifying Developer that a proposed site has received the consent of the Friday's Site Review Committee. PRINCIPAL(S) - ___________________, ___________________, __________________ and _________________...
Losses and Expenses. All losses and expenses incurred under this Article 15 shall be chargeable to and paid by you or any of the Controlling Principals pursuant to your obligations of indemnity under this Section, regardless of any actions, activity or defense undertaken by us or the subsequent success or failure of such actions, activity, or defense. As used in this Article 15, the phrase “losses and expenses” shall include, without limitation, all losses, compensatory, exemplary or punitive damages, fines, charges, costs, expenses, lost profits, reasonable attorneys’ fees, court costs, settlement amounts, judgments, compensation for damages to our reputation and goodwill, costs of or resulting from delays, financing, costs of advertising material and media time/space, and costs of changing, substituting or replacing the same, and any and all expenses of recall, refunds, compensation, public notices and other such amounts incurred in connection with the matters described.
