Losses Defined. As used in this Article 7, the term “Losses,” when capitalized, means any loss, cost, damage and expense (including reasonable attorneys’, other professionals’ and court fees), arising from any death of or injury to any person, or damage to any property.
Losses Defined. For the purposes of this Agreement, the term “Losses” shall mean all out-of-pocket costs, damages, losses, fines, penalties, judgments, settlements and expenses whatsoever, including, without limitation, outside attorneys’ fees and disbursements and court costs reasonably incurred by the Indemnified Party, in connection with any judicial, administrative, legislative or other proceeding or claim made by a third party.
Losses Defined. For purposes of this Agreement, “Losses” means all claims, actions, losses, liabilities, damages and costs (including taxes) and all related costs and expenses (including reasonable attorney’s fees and disbursements and costs of investigation, litigation and settlement).
Losses Defined. (a) The term “
Losses Defined. 16 Section 14.2
Losses Defined. Solely for purposes of this Article 12, the term “Losses” means any and all third party suits, claims, actions, demands, losses, damages, liabilities, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses).
Losses Defined. For the purposes of Program Agreement, the Sale Agreement and the Servicing Agreement, the term “Losses” shall mean all direct damages, losses, fines, penalties, judgments, settlements and reasonable expenses and out-of-pocket costs whatsoever, including, without limitation, outside attorneys’ fees and disbursements and court costs reasonably incurred by the Indemnified Party, in connection with any judicial, administrative, or other proceeding or claim made by a third party that reasonably may be indemnifiable under this Program Agreement, the Sale Agreement, or the Servicing Agreement; provided, however, that Losses shall be calculated net of applicable insurance recoveries actually paid (but adding back deductible and copay amounts). No Party may make a claim for indemnification under this Article X until the aggregate amount of all Losses for such Party under this Agreement, the Sale Agreement or the Program Agreement is equal to at least $[***].
Losses Defined. In this Agreement, the term "Losses" means and includes all losses, claims, liabilities, damages (including, without limitation, punitive, consequential and special damages awarded to any third-party claimant), judgments, liabilities, payments, obligations, costs and expenses (including, without limitation, any costs of investigation, remediation or cleanup, and any reasonable legal fees and costs and expenses incurred after the date hereof in defense of or in connection with any alleged or asserted liability, payment or obligation as to which indemnification may apply hereunder), regardless of whether or not any liability, payment, obligation or judgment is ultimately imposed against Xxxxxxx or ASI and whether or not Xxxxxxx or ASI are made or become parties to an action, suit or proceeding in respect thereof, voluntarily or involuntarily.
Losses Defined. For purposes of this Article VII, "Losses" shall mean any and all claims, actions, losses, liabilities, damages, fines, penalties, costs, and expenses (including, without limitation, interest that may be imposed in connection therewith, costs and expenses of investigation, and reasonable fees and disbursements of legal counsel and other experts) incurred by any Party to this Agreement as a result of claims asserted by a third party, including a governmental [*] Confidential Treatment Requested
Losses Defined. As used in this Article VI, “Losses” means any and all losses, liabilities, obligations and damages and other reasonable out-of-pocket costs, expenses and charges, including, without limitation, reasonable attorneys’ fees and other amounts incurred in proceedings relating to Losses, but all of which Losses shall be reduced by (a) any insurance proceeds actually recovered with respect to the events or transactions giving rise to such Losses (less any increase in annual premiums as a result of such claims) or (b) any reserve set forth in, or provision made in, the Financial Statements specifically with respect to the events or transactions giving rise to such Losses.
