Claims and Damages means, except as otherwise expressly provided in this Agreement, any and all losses, claims, demands, liabilities, obligations, actions, suits, orders, statutory or regulatory compliance requirements, or proceedings asserted by any Person (including, without limitation, Governmental Authorities), and all damages, costs, expenses, assessments, judgments, recoveries and deficiencies, including, to the extent required pursuant to Article 8, reasonable attorneys’ fees and costs, incurred by or awarded against a party to the extent indemnified in accordance with Article 8 hereof, but shall not include any consequential, special, multiple, punitive or exemplary damages, except to the extent such damages have been recovered by a third party and are the subject of a third party claim for which indemnification is available under the express terms of Article 8 hereof.
Claims and Damages means any and all losses, claims, demands, liabilities, obligations, actions, suits, orders, statutory or regulatory compliance requirements, or proceedings asserted by any third party, person or entity, including but not limited to Governmental Entities, and all damages, costs, expenses, assessments, judgments, recoveries and deficiencies, including interest, penalties, investigatory expenses, consultant's fees, and reasonable attorneys' fees and costs (including, without limitation, costs incurred in enforcing the indemnity), incurred by or awarded against a party for which a party is entitled to indemnification hereunder; provided that Claims and Damages shall expressly exclude punitive, exemplary, special or similar losses or damages.
Claims and Damages means any and all losses, claims, demands, liabilities, obligations, actions, suits, orders, statutory or regulatory compliance requirements, or proceedings asserted by any Person (including, without limitation, Governmental Authorities), and all damages, costs, expenses, assessments, judgments, recoveries and deficiencies, including interest, penalties, investigatory expenses, consultants' fees, and reasonable attorneys' fees and costs (including, without limitation, costs incurred in enforcing the applicable indemnity), of every kind and description, contingent or otherwise, incurred by or awarded against a party, provided that "Claims and Damages" shall not include any indirect, consequential, incidental, exemplary or punitive damages or other special damages or lost profits (except to the extent payable to a third party as a result of a third party claim).
Examples of Claims and Damages in a sentence
Payment o{ Claims and Damages: Should the Owuer have to pay auy mouey iu respect of such claims or demauds as aforesaid the amouut so paid aud the cost iucurred by the Owuer shall be charged to aud paid by the Coutractor aud the Coutractor shall uot be at liberty to dispute or questiou the right of the Owuer to make such paymeuts uotwithstaudiug the same may have beeu made without his couseut or authority or iu law or otherwise to the coutrary.
Executive understands and expressly agrees that, unless specifically excluded from this release, this release extends to all Claims and Damages of every nature and kind, known or unknown, suspected or unsuspected, past or present, whether or not these Claims and Damages were set forth in any writing, and that all such Claims and Damages are hereby expressly settled or waived.
Payment of Claims and Damages: Should the Owner have to pay any money in respect of such claims or demands as aforesaid the amount so paid and the costs incurred by the Owner shall be charged to and paid the Contractor and the contractor shall not be at liberty to dispute or question the rig of the Owner to make such payments notwithstanding the same may have been made without his consent or authority or in law or otherwise to the country.
The Seller and the Purchaser shall take reasonable actions to mitigate Claims and Damages.
The defense and indemnification obligations accepted by the Developer under this paragraph exist regardless of whether such Claims and Damages are caused or allegedly caused in part by the Indemnitee(s), it being the intent of the parties that the Developer shall indemnify the Indemnitees against the Indemnitees’ own negligence.
More Definitions of Claims and Damages
Claims and Damages has the meaning given in Section 8.10.
Claims and Damages means any and all losses, claims, demands, liabilities, obligations, actions, suits, orders or proceedings asserted by any third party, person or entity, including but not limited to Governmental Entities, and all damages, costs, expenses, assessments, judgments, recoveries and deficiencies, including interest, penalties, investigatory expenses, consultant's fees, and reasonable attorneys' fees and costs (including, without limitation, costs incurred in enforcing the indemnity), incurred by or awarded against a party for which a party is entitled to indemnification hereunder; provided that Claims and Damages shall expressly exclude punitive, exemplary, special or similar losses or damages.
Claims and Damages means with respect to any releasing Party, all claims, actions, debts, demands, accounts, judgments, rights, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, expenses, compensation, liability, responsibility, causes of action or suits of any kind whatsoever, at law or in equity, in tort or contract, known or unknown, disclosed or undisclosed, past, present or future.
Claims and Damages means, except as otherwise expressly provided in this Agreement, any and all losses, claims, demands, liabilities, obligations, actions, suits, orders, statutory or regulatory compliance requirements, or proceedings asserted by any Person (including, without limitation, Governmental Authorities), and all damages, costs, expenses, assessments, judgments, recoveries and deficiencies, including, to the extent required pursuant to Article 8, reasonable attorneys’ fees and costs, incurred by or awarded against a party to the extent indemnified in accordance with Article 8 hereof.
Claims and Damages means all liabilities, losses, expenses (including attorneys' fees and expenses), costs, damages, claims, demands, suits, causes of action, and includes, without limitation, any liens, judgments, penalties, interest, court costs, arbitration costs, and other legal fees incurred in connection with any of the foregoing. "Commissioning and Close-Out Plan" shall mean the commissioning and close-out plan prepared by DBT or the County in accordance with industry standards that addresses the close- out and turnover of the Project, including the following: use or occupancy prior to Substantial Completion; Substantial Completion and Final Completion inspections, equipment testing and start-up; completion of Punch List items; training of employees for operation and maintenance of any major systems and equipment; submittal of warranties from manufacturers and Suppliers; turnover of spare parts and acquired excess materials; turnover of all Project documents; and issuance of temporary and permanent certificates of occupancy for the Project, as applicable.
Claims and Damages means all liabilities, claims or causes of action for any type of damage or injury (including personal injury, death and property damage), and any actual damage or injury arising out of or caused by (or alleged to arise out of or be caused by) the use of misuse of the facilities provided at the Club, including, but not limited to, the use and operation of golf carts on or off the facilities provided at the Club, the presence or entry of any person upon or within the facilities provided at the Club or the participation in any contest, game, function, exercise, competition or other activity organized, operated or sponsored by the Club on or off the facilities provided at the Club. Without limiting the generality of the foregoing definition, “Claims and Damages” shall include all claims for damages or injuries (including personal injury, death and property damage) arising out of or alleged to arise out of: (I) Alleged defects or deficiencies in the facilities provided at the Club, including, without limitation, the golf course, practice range, putting green, clubhouse, parking lots, walkways, locker facilities and all other related facilities; (II) The failure or alleged failure of the Club or any Related Parties and/or operator of the facilities provided at the Club to provide reasonably safe facilities; (III) The consequences, whether intended or unintended, reasonably anticipated or not, common or unusual, natural or unnatural, arising from or related to: the use and operation of golf carts on and off public roadways whether or not in transit to or from the facilities provided at the Club; the use of the golf course, practice range, putting green, including the consequences of being struck by errant golf balls.
Claims and Damages shall have the meaning specified in Section 7.1 of the Agreement, modified as it relates to Seller Indemnitees in Section 7.2 of the Agreement.