Excess Damages definition

Excess Damages means the amount of damages claimed in an action under this chapter that exceeds the damages cap described in Subsection 32B-15-301(2).
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Excess Damages shall have the meaning set forth in Section 2.05(a).
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Excess Damages is defined in Section 10.3(c).
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Examples of Excess Damages in a sentence

  • Alternatively, if and to the extent the damage event set forth in Schedule 23A results in damages to the Company that exceeds the accruals made in the 2011 Financial Statements to account for such damage event (the “Excess Damages”) and such damages are incurred no later than the 2012 Financial Statement Date, the Retained Profits shall be recalculated as if an additional accrual had been made equal to such Excess Damages.

  • Purchaser acknowledges and agrees that its indemnification rights under Section 9.01(a) for Excess Damages shall be pursued exclusively as set forth in Section 11 of the Asset Purchase Agreement and shall be subject to the Escrow, Escrow Exclusions and Indemnity Cap provisions set forth therein.

  • In the event the KPR Litigation is finally resolved after May 31, 1999, and the Excess Damages are less than the Contingent Purchase Price otherwise earned, the balance of such earned Contingent Purchase Price shall be paid, or issued in the case of Option Shares, to the Sellers.

  • The balance of any such Damages (the "EXCESS DAMAGES"), shall be satisfied by surrendering for redemption that quantity of shares of STRV common stock (the "STRV COMMON SHARES"), equal in value to such Excess Damages.

  • Subject to the foregoing limitations, including the Indemnity Cap, BSI will be liable for all Damages under this Article IX up to the BSI Indemnity Cap and QED and the QED Shareholders will be jointly and severally liable for all Excess Damages.

  • QED and the QED Shareholders agree to be jointly and severally liable for all Excess Damages; provided that such Excess Damages, together with all other Damages hereunder or under the Asset Purchase Agreement shall not exceed the Indemnity Cap (as defined in the Asset Purchase Agreement).

  • To the extent that the amount of any Excess Damages exceeds the value of the remaining Escrow Shares available for reduction therefore (valued in the manner set forth in Section 11.10), the Escrow Shares shall not be released to the iFone Shareholders.

  • If Agent withholds consent to such settlement, the Company may proceed with settlement and reserve any dispute as to whether such withholding was reasonable; in the event it is determined pursuant to Section 5.16 that such withholding was reasonable, there will be no reduction of the Contingent Purchase Price for any Excess Damages.

  • Subject to the foregoing limitations, Seller and Shareholders will be jointly and severally liable for all Damages recoverable hereunder, including, but not limited to, Excess Damages under the BSI Purchase Agreement as provided in Section 11.2(h) and this Section 11.5.

  • In such situations, the Parties will share such damages in their respective proportions to the extent the act or course of conduct contributed to such Excess Damages.


More Definitions of Excess Damages

Excess Damages are defined in Article VI - Claims, sub-Article 4.
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Excess Damages has the meaning ascribed thereto in Section 4.27(b);
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Excess Damages means any liability of the Company or any Subsidiary for consequential damages.
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Related to Excess Damages

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Cover Damages means, with respect to any Delivery Shortfall, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 and the Cover Sheet, multiplied by the quantity of that Delivery Shortfall, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.