Damage Payments. In the event that (i) Buyer is unable to take all of the Raw Product nominated by Seller during a particular Month due to any Person’s failure to take Raw Product from Buyer, and (ii) Buyer receives Damage Payments in connection with such event, Buyer will pay Seller its pro rata share of such Damage Payments based on the amount of nominated Raw Product not taken by Buyer from Seller and any other Affiliates of Buyer as a result of such event.
Damage Payments. Whether covered by Owner’s insurance policy or not, Owner shall be responsible for and shall promptly, upon demand, pay OBMC, their customers and/or any Government for any damage caused to OBMC, their customers and their property or Government property by Owner, his boat, his crew, his family, guest, invitees, employees or agents. Owner shall be responsible for and shall promptly, upon demand, pay OBMC for, any damage, expense or liability incurred by the marina due to Owner’s failure to comply with this license, applicable laws and Rules and Regulations or due to any pollution created by, caused by, or contributed to by Owner or Owner’s boat.
Damage Payments. Whether covered by owners insurance policy or not owner shall be responsible for and shall promptly, upon demand, pay Marine Unlimited, their customers and or any Government for any damage caused to Marine Unlimited LLC, their customers and their property or Government property by Owner, his boat, his crew, his family, guests, invitees, employees or agents. Owner shall be responsible for and shall promptly upon demand pay Marine Unlimited for any damage, expense or liability incurred by Marine Unlimited LLC due to owners failure to comply with this license, applicable laws and Rules and Regulations or due to any pollution created by, caused by, or contributed to by Owner or Owners boat
Damage Payments. Any teacher who signs a contract to teach in Xxxxxxx Central School District #6 and then breaks the contract shall be liable for the following damage payments:
Damage Payments. Any damages, indemnification or other payments made to the Partnership with respect to any breach or other violation of any representation, warranty, covenant' or other agreement made pursuant to Article VII hereof, to the extent paid with respect to costs, liabilities or damages incurred by a Partner or an Affiliate thereof, shall immediately be paid by the Partnership to such Partner or Affiliate.
Damage Payments. Except as provided in Section 6.8 with respect to a Company Indemnifying Party’s right to indemnification for acts or omissions of an officer or director of the Company or its Subsidiaries, each of the Company Indemnifying Parties and the Securityholders’ Representative hereby agrees that if, following the Closing, any payment is made pursuant to this Article VIII by such Company Indemnifying Party in respect of any Damages (a “Damage Payment”), such Company Indemnifying Party shall have no rights against the Surviving Corporation, or any current or former director, officer or employee thereof (in their capacity as such), whether by reason of contribution, indemnification, subrogation or otherwise, in respect of any such Damage Payment, and shall not take any action against the Surviving Corporation or any such Person with respect thereto. Any rights with respect to Damage Payments which any of the Company Indemnifying Parties or the Securityholders’ Representative may, by operation of law or otherwise, have against the Surviving Corporation or any such Person shall, effective at the time of the Closing, be deemed to be hereby expressly and knowingly waived.
Damage Payments. Each of the Company Indemnifying Parties and the Seller Representative hereby agrees that if, following the Closing, any payment is made pursuant to this Article XII by such Company Indemnifying Party in respect of any Damages (a “Damage Payment”), such Company Indemnifying Party shall have no rights against the Surviving Entity, KLO, MT or any of their respective Subsidiaries or any current or former director, officer or employee thereof (in their capacity as such), whether by reason of contribution, indemnification, subrogation or otherwise, in respect of any such Damage Payment, and shall not take any action against such parties or any such Person with respect thereto. Any rights with respect to Damage Payments which any of the Company Indemnifying Parties or the Seller Representative may, by operation or Law or otherwise, have against the Surviving Entity, KLO, MT or any of their respective Subsidiaries or any such Person shall, effective at the time of the Closing, be deemed to be hereby expressly and knowingly waived.
Damage Payments. Any damage payment (other than Insurance Proceeds) in an amount greater than $1,000,000 made to any Noble Entity in order to compensate for physical (as distinct from consequential or loss of profit) damage suffered by any Project shall be deposited into the NIPDR Account (and segregated from any amounts deposited therein pursuant to Section 5.6(d)) and shall be available as directed by Borrower pursuant to an Executed Withdrawal/Transfer Certificate for repair of such physical damage upon approval by the Administrative Agent in its reasonable judgment (in consultation with the Independent Engineer) and within a reasonable amount of time of a detailed plan for effectuating such repair and related improvements.
Damage Payments. Each of the Company Indemnifying Parties and the Securityholders' Representative hereby agrees that if, following the Closing, any payment is made pursuant to this Article 8 by such Company Indemnifying Party in respect of any Damages (a "Damage Payment"), such Company Indemnifying Party shall have no rights against the Surviving Corporation, or any current or former director, officer or employee thereof (in their capacity as such), whether by reason of contribution, indemnification, subrogation or otherwise, in respect of any such Damage Payment, and shall not take any action against the Surviving Corporation or any such Person with respect thereto. Any rights with respect to Damage Payments which any of the Company Indemnifying Parties or the Securityholders' Representative may, by operation or law or otherwise, have against the Surviving Corporation or any such Person shall, effective at the time of the Closing, be deemed to be hereby expressly and knowingly waived.
Damage Payments. Any damage payment (other than Insurance Proceeds) in an amount greater than $5,000,000 made to any Noble Entity (or the Noble Entities in the aggregate) in order to compensate for physical (as distinct from consequential or loss of profit) damage suffered by any Project shall be deposited into the NIPDR Account and shall be available as directed by Borrower pursuant to an Executed Withdrawal/Transfer Certificate for repair of such physical damage (in consultation with the Independent Engineer).
