Claim for Damages Sample Clauses

Claim for Damages. Employee acknowledges that, in addition to seeking injunctive relief, any of the Aflac Companies may bring a cause of action against him for any and all losses, liabilities, damages, deficiencies, costs (including, without limitation, court costs), and expenses (including, without limitation, reasonable attorneys’ fees), incurred by the Aflac Companies and arising out of or due to his breach of any Covenant or agreement contained in Paragraph 15. Notwithstanding anything herein to the contrary, the breach of any Covenant will cause Employee to forfeit any and all payments otherwise due under subparagraphs A(1), B(1) and B(3) (as applicable) of Paragraph 13, and the breach of the nondisclosure Covenant set forth in Paragraph 15.B will cause Employee to forfeit any and all payments otherwise due under subparagraphs A(2) and B(2) (as applicable) of Paragraph 13; and Employee agrees to repay to the Aflac Companies any amount already paid under such applicable subparagraph.

Claim for Damages. Where this Deed provides for damages to be payable by a Seller, the Servicer or the Manager: (a) (Claim must be in writing): a written notice of a claim for damages must be provided to the relevant party by the Trustee; (b) (Claim must specify the amount of damages): such notice must specify the amount of damages claimed and how such amount has been determined by reference to the loss incurred as a result of the breach leading to the claim for damages; and (c) (Trustee must act on instructions): the Trustee in preparing a notice in accordance with clauses 27.4(a) and (b) will act on the instructions of the Manager (in the case of a claim against a Seller or the Servicer) or take expert advice, if necessary (in the case of a claim against the Manager).

Claim for Damages. Employee acknowledges that, in addition to seeking injunctive relief, any of the Aflac Companies may bring a cause of action against him for any and all losses, liabilities, damages, deficiencies, costs (including, without limitation, court costs), and expenses (including, without limitation, reasonable attorneys’ fees), incurred by the Aflac Companies and arising out of or due to my breach of any Covenant or agreement contained in Paragraph 15. Notwithstanding anything herein to the contrary, the breach of any Covenant will cause Employee to forfeit any and all payments otherwise due under Paragraph 13, and Employee agrees to repay to the Aflac Companies any amount already paid under such applicable subparagraph.

Claim for Damages. In claiming damages, including liquidated damages, from the Seller under this Contract, the Buyer may be reimbursed by way of deduction from the cost of the Goods including reimbursable costs remaining unpaid to the Seller or by claiming against the bank issuing the performance security as the Buyer may prefer.

Claim for Damages. Executive acknowledges that, in addition to seeking injunctive relief, Cash America may bring a cause of action against Executive for any and all losses, liabilities, damages, deficiencies, costs (including, without limitation, court costs), and expenses (including, without limitation, reasonable attorneys’ fees), incurred by Cash America and arising out of or due to any breach of any covenant or agreement of Executive contained in Sections 7, 8, 9, or 10. In addition, either party may bring an action against the other for breach of any other provision of this Agreement.

Claim for Damages. Tenant shall not be entitled to claim, or have paid to Tenant, any compensation or damages whatsoever for or on account of any loss, injury, damage or taking of any right, interest or estate of Tenant, and Tenant hereby relinquishes and hereby assigns to Landlord any rights to any damages, but Landlord shall be entitled to claim and have paid to it for the use and benefit of Landlord all compensation and damages for and on account of or arising out of such taking or condemnation without deduction from the amount thereof for and on account of any right, title interest or estate of Tenant in or to said property, and Tenant, upon request of Landlord, shall execute any and all releases or other documents as shall be required by such public or quasi-public authority; provided however, Tenant shall have the right to make its claim for its fixtures and moving expenses to the extent such damages are allowable.

Claim for Damages. The Applicant agrees to maintain, indemnify, and save harmless the United States against and from any and all claims for damages which may arise from or in connection with the privileges herein granted, excepting claims for injuries or death to persons resulting from willful or grossly negligent acts or omissions of the United States or any of its officers, employees, agents, or agencies. This provision also shall not be construed to require the Applicant to indemnify the United States from any liability it may have incurred under Federal or state environmental laws for any act or omission of the United States, or its officers, agents, or employees, at Xxxxx AFB.

Claim for Damages. Any Indemnified Xxxxxx xeeking indemnification for any claim shall give written notice in accordance with Section 11.3 of this Agreement (an “Indemnification Claim”), promptly after discovery of the potential claim; provided, however, that an Indemnified Person shall not be foreclosed from seeking indemnification by any failure to provide timely notice of the existence of an Indemnification Claim, provided that the amount of any such claim will be reduced by the amount that the indemnifying party actually has been materially damaged or prejudiced as a result of such delay. All Indemnification Claims submitted shall be paid within thirty (30) calendar days after the later of written demand for such Indemnification Claim or final determination of the amount of the Indemnification Claim.

Claim for Damages. Any Acquiror Indemnified Person seeking indemnification for any claim for Damages (an “Indemnification Claim”) shall give written notice to the Shareholders’ Agent on or prior to the Indemnification Expiration Date, with a copy simultaneously provided to the Escrow Agent. Written notice to the Shareholders’ Agent of the existence of an Indemnification Claim shall be given to the Shareholders’ Agent promptly after discovery of the potential claim; provided, however, that an Acquiror Indemnified Person shall not be foreclosed from seeking indemnification pursuant to this Section 9 by any failure to provide timely notice of the existence of an Indemnification Claim to the Shareholders’ Agent except and only to the extent that the holders of Target Common Stock actually incur an incremental out-of-pocket expense or otherwise have been materially damaged or prejudiced as a result of such delay. If the Shareholders’ Agent does not notify Acquiror, with a copy simultaneously provided to the Escrow Agent within thirty (30) calendar days following its receipt of the Indemnification Claim that the Shareholders’ Agent disputes its liability to Acquiror under this Section 9.2 (a “Response”), such claim specified by Acquiror in such Indemnification Claim shall be conclusively deemed a liability under this Section 9.2 and the Shareholders’ Agent shall provide written notice to the Escrow Agent directing payment of the amount of the Damages stated in such Indemnification Claim to Acquiror on demand or, in the case of any notice in which the Damages (or any portion thereof) are estimated, on such later date when the amount of such Damages (or such portion thereof) becomes finally determined. In the event that the Shareholders’ Agent shall (i) dispute in writing within such 30-calendar day period that Acquiror is entitled to receive any of the Damages, or (ii) agree that Acquiror is entitled only the part of the Damages (the “Agreed Portion”), the Shareholders’ Agent and Acquiror shall attempt in good faith to agree upon the rights of the respective parties with respect to each of the indemnification claims that comprise the Damages (or the portion of the Damages not comprising the Agreed Portion). If the Shareholders’ Agent and Acquiror should so agree, a memorandum setting forth such agreement shall be prepared and signed by both such parties and, in the case of a demand for recovery from the Escrow Fund, shall be furnished to the Escrow Agent. If no such agreement can b...