Examples of Minimum Claim Amount in a sentence
If Customer’s proven loss or damage is determined to be in excess of the Minimum Claim Amount, the Minimum Claim Amount shall be deducted from any claim against Railroad for loss or damage to Commodity.
Promptly following the final determination of the amount of any Damages claimed by the Indemnified Party, the Indemnifying Party, subject to the limitations of the Minimum Claim Amount, Threshold Amount and the Cap Amount, shall pay such Damages to the Indemnified Party by wire transfer or check made payable to the order of the Indemnified Party.
The parties dispute what terms and conditions this provision incorporates by reference.UP-C-35322 is titled “RAIL TRANSPORTATION CONTRACT PURSUANT TO 49 U.S.C. SECTION 10709.” It contains a provision labeled “LIABILITY AND CLAIMS” that provides as follows:Customer agrees not to file any claim for freight loss or damage when the amount of proven loss or damage is less than Two Hundred Dollars ($200.00) per railcar (Minimum Claim Amount).
They argue that the Court misinterpreted the “Liability and Claims” section of UP-C-35322, which states as follows:Customer agrees not to file any claim for freight loss or damage when the amount of proven loss or damage is less than Two Hundred Dollars ($200.00) per railcar (Minimum Claim Amount).
Damages arising from Misconduct are not subject to the General Deductible Amount or the Minimum Claim Amount set forth in SPA § 10.4(a); nor are they subject to the General Indemnity Cap or the Absolute Indemnity Cap set forth in SPA § 10.4(b).