Cost of Recovery Clause Samples

Cost of Recovery. For the purposes of the indemnities given in this Agreement (including this clause 12), the property of a person includes that person’s costs of recovery of any property damaged or affected by the relevant loss, damage or destruction.
Cost of Recovery. The Company shall be authorized to receive payments from a Board of Administration approved collection agency employed to recover Plan overpayments. The Company shall be authorized to pay reasonable fees to the collection agency for services rendered. A summary of payments received and fees paid shall be provided to the Company and the Union by the agency.
Cost of Recovery. In the event the yield of Product from the Bulk BNP supplied by Scios is less than that number of vials that is called for by the Specifications, ▇▇▇▇▇▇ shall attempt to recover as much of the Bulk BNP as feasible, taking into account reasonable line losses. The expense of such recovery and shipping costs shall be borne by ▇▇▇▇▇▇ if the failure to produce Product meeting the applicable Specifications was due to ▇▇▇▇▇▇'▇ failure to adhere to all of the procedures set forth in Exhibit C, and shall be borne by Scios if the failure was not due to ▇▇▇▇▇▇'▇ failure to adhere to all of the procedures set forth in Exhibit C. For purposes of this subsection 9(c), "recover" shall mean physically collect from tailings or vessels, or rework or re-lyophilize within the limits of the Fill and Finish Program and within the Regulatory Approval documentation. ***** Confidential portions of this material have been omitted and filed separately with the Securities and Exchange Commission.
Cost of Recovery.  We shall endeavour to collect any outstanding Membership Dues and fees, including any applicable Early Termination Fee, upon the termination of your membership, whether by us or due to a breach of these Terms or the Homegrown SportsCentre Rules.  You, as the Customer, are responsible for covering all costs incurred by Homegrown SportsCentre, including costs for which Homegrown SportsCentre may be contingently liable, in any effort to collect any monies owed by you under this Agreement. These costs encompass debt collection agent fees, repossession expenses, location search expenses, process server fees, and solicitor fees on a solicitor/client basis.
Cost of Recovery. In the event the yield of Product from the Bulk BNP supplied by Scios is less than that number of vials that is called for by the Specifications, ▇▇▇▇▇▇ shall attempt to recover as much of the Bulk BNP as feasible, taking into account reasonable line losses. The expense of such recovery and shipping costs shall be borne by ▇▇▇▇▇▇ if the failure to produce Product meeting the applicable Specifications was due to ▇▇▇▇▇▇’▇ failure to adhere to all of the procedures set forth in Exhibit C, and shall be borne by Scios if the failure was not due to ▇▇▇▇▇▇’▇ failure to adhere to all of the procedures set forth in Exhibit C. For purposes of this subsection 9(c), “recover” shall mean physically collect from tailings or vessels, or rework or re-lyophilize ***** Confidential portions of this material have been omitted and filed separately with the Securities and Exchange Commission.

Related to Cost of Recovery

  • Allocation of Recovery Under the Bond In the event Actual Loss is suffered by any two or more of the Funds, any recovery under the Bond will be allocated among such Funds in the following manner: a. If the Fidelity Coverage exceeds or is equal to the amount of the combined Actual Losses of the Funds suffering Actual Loss, then each such Fund shall be entitled to recover the amount of its Actual Loss. b. If the amount of Actual Loss of each Fund suffering Actual Loss exceeds its Minimum Coverage Requirement and the amount of the Funds' combined Actual Losses exceeds the Fidelity Coverage, then each Fund shall be entitled to recover (i) its Minimum Coverage Requirement, and (ii) to the extent there exists Excess Coverage, the proportion of the Excess Coverage which its Minimum Coverage Requirement bears to the amount of the combined Minimum Coverage Requirements of the Funds suffering Actual Loss; provided, however, that if the Actual Loss of any of such Funds is less than the sum of (i) and (ii) of this subpart (b), then such difference shall be recoverable by the other Funds in proportion to their relative Minimum Coverage Requirements. c. If (i) the amount of Actual Loss suffered by any Fund is less than or equal to its Minimum Coverage Requirement, (ii) the amount of Actual Loss of the other Funds exceeds its or their Minimum Coverage Requirement(s) and (iii) the amount of the combined Actual Losses of the Funds exceeds the Fidelity Coverage, then any Fund which has suffered an amount of Actual Loss less than or equal to its Minimum Coverage Requirement shall be entitled to recover its Actual Loss. If only one other Fund has suffered Actual Loss, it shall be entitled to recover the amount of the Fidelity Coverage remaining. If more than one other Fund has suffered Actual Loss in excess of the remaining coverage, they shall allocate such remaining coverage in accordance with Section III(b) of this Agreement.

  • Allocation of Recoveries (a) If more than one of the parties hereto is damaged in a single loss for which recovery is received under the policy, each such party shall receive that portion of the recovery which represents the loss sustained by that party, unless the recovery is inadequate to fully indemnify such party sustaining loss. (b) If the recovery is inadequate to fully indemnify each such party sustaining a loss, the recovery shall be allocated among such parties as follows: (i) Each Party sustaining a loss shall be allocated an amount equal to the lesser of its actual loss or the minimum amount of policy which would be required to be maintained by such party under a single insured policy (determined as of the time of loss) in accordance with the provisions of Rule 17d-1(d)(7). (ii) The remaining portion of the proceeds shall be allocated to each party sustaining a loss not fully covered by the allocation under subparagraph (i) in the proportion that each such party's last payment of premium bears to the sum of the last such premium payments of all such parties. If such allocation would result in any party which had sustained a loss receiving a portion of the recovery in excess of the loss actually sustained, such excess portion shall be allocated among the other parties whose losses would not be fully indemnified. The allocation shall bear the same proportion as each such party's last payment of premium bears to the sum of the last premium payments of all parties entitled to receive a share of the excess. Any allocation in excess of a loss actually sustained by any such party shall be reallocated in the same manner.

  • Sharing of Recoveries Each Purchaser agrees that if it receives any recovery, through set-off, judicial action or otherwise, on any amount payable or recoverable hereunder in a greater proportion than should have been received hereunder or otherwise inconsistent with the provisions hereof, then the recipient of such recovery shall purchase for cash an interest in amounts owing to the other Purchasers (as return of Capital or otherwise), without representation or warranty except for the representation and warranty that such interest is being sold by each such other Purchaser free and clear of any Adverse Claim created or granted by such other Purchaser, in the amount necessary to create proportional participation by the Purchaser in such recovery. If all or any portion of such amount is thereafter recovered from the recipient, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.

  • Right of Recovery KFHPWA has the right to recover excess payment whenever it has paid allowable expenses in excess of the maximum amount of payment necessary to satisfy the intent of this provision. KFHPWA may recover excess payment from any person to whom or for whom payment was made or any other issuers or plans. Questions about Coordination of Benefits? Contact the State Insurance Department.

  • Procurement of Recovered Materials In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired