Deductible Amount Clause Samples

Deductible Amount. No Buyer Indemnified Party shall be entitled to recover for an indemnification claim under Section 10.02(a)(i) (Indemnification by the Seller) unless, until and only to the extent that any Buyer Indemnified Party (individually or collectively with all other Buyer Indemnified Parties) has suffered or incurred actual Damages in respect of Section 10.02(a)(i) aggregating in excess of $1,218,750 (the “Deductible Amount”), whereupon any Buyer Indemnified Party shall be entitled to claim indemnification only for amounts in excess of the Deductible Amount, subject to the other limitations set forth herein. No Seller Indemnified Party shall be entitled to recover for an indemnification claim under Section 10.03(i) (Indemnification by Buyer) unless, until and only to the extent that any Seller Indemnified Party (individually or collectively with all other Seller Indemnified Parties) has suffered or incurred actual Damages in respect of Section 10.03(i) aggregating in excess of the Deductible Amount, whereupon any of the Seller Indemnified Parties shall be entitled to claim indemnification only for amounts in excess of the Deductible Amount, subject to the other limitations set forth herein. Notwithstanding the foregoing, the Deductible Amount shall not apply to breaches of the Fundamental Representations.

Deductible Amount. Your annual deductible amount is listed on the declarations page and applies during each policy period. We subtract that deductible from covered expenses before applying the reimbursement percentage. After the deductible is met, we will reimburse a percentage of covered expenses identified on the declarations page as reimbursement percentage, subject to any applicable maximum. You are responsible for the remainder of covered expenses in addition to any amounts not covered by the policy. So we can process your claim as quickly as possible, submit your claim electronically and include the following information with • Your name, address, contact information, and signature on the claim form. • A description of the condition and treatment you are claiming. • All applicable receipts including an itemized breakdown of the fees incurred for actual costs after any discounts or credits. Failure to provide complete information may result in: • Denial of your claim. • You submitting a new claim with all required details. Claim forms are available online. To make a claim, you or an authorized representative from your veterinarian’s office must fill in the claim form. The claim forms must be submitted along with any itemized invoices for the actual costs incurred. You must submit your claim within 270 days from the date of service.

Deductible Amount. Without limiting the effect of any of the other limitations set forth herein, neither party shall be required to make any indemnification payment hereunder with respect to any breach of any of its representations and warranties, except to the extent that the cumulative amount of the Losses to which the Indemnified Party is entitled to indemnification under the terms of this Article XII as a result of all such breaches of such representations and warranties exceeds the Deductible Amount; and the Indemnifying Party shall only be required to pay, and shall only be liable for, the amount by which the cumulative amount of such Losses resulting from all such breaches of such representations and warranties exceeds the Deductible Amount. The “Deductible Amount” shall be U.S. $100,000.

Deductible Amount. (i) Except as set forth in clause (ii) of this Section 8.4(b), an Indemnified Party may not recover any Losses under Section 8.2(a) hereof unless and until one or more Officer’s Certificates identifying such Losses under Section 8.2(a) hereof in excess of $100,000 in the aggregate (the “Deductible Amount”) has or have been delivered to the Escrow Agent or the Shareholder Representative as provided in Section 8.4(f) hereof, in which case Parent and each other Indemnified Party shall be entitled to recover the aggregate Losses in excess of the Deductible Amount (Losses under Section 8.2(a)(iv) shall have the threshold for indemnity as contemplated by the defined term “Material Violation”). For purposes of clarity, the Deductible Amount does not mean that each indemnifiable Loss must exceed the Deductible Amount but instead means that an Indemnified Party will not be indemnified for the first $100,000 of the aggregate Losses. (ii) Parent shall be entitled to recover for, and the Deductible Amount shall not apply as a threshold to, any and all claims or payments made with respect to all Losses (a) incurred pursuant to any intentional breach of a representation or warranty of the Company or the Principal Shareholders or any certificates or other instruments delivered by or on behalf of the Company or by the Principal Shareholders on behalf of any Security Holder or Affiliate thereof who is a party hereto pursuant to this Agreement (provided that, in the event of such breach, for purposes of determining the amount of any Loss no effect will be given to any qualification as to “materiality,” a “Company Material Adverse Effect” or “Knowledge” contained therein), (b) incurred pursuant to clauses (ii) through (xi) of Section 8.2(a) hereof, (c) relating to the Specified Representations, or (d) resulting from the failure of any Security Holder to pay Agent Interpleader Expenses or Agent Indemnification Expenses pursuant to clauses (vi) and (vii) of Section 8.4(j) hereof.

Deductible Amount. 16 Section 10.5

Deductible Amount. The Underwriter shall be liable hereunder, subject to the Aggregate Limit of Liability or any Sub-Limit, only for the amount by which each and every loss including court costs and attorneys' fees exceeds the Deductible Amount for the Insuring Agreement applicable to such loss.

Deductible Amount. (A) Solely with respect to any Liability Coverage Section: (1) The Company’s liability with respect to Loss arising from each Claim covered under one or more Liability Coverage Sections shall apply only to that part of Loss which is in excess of the applicable Deductible Amount set forth in the Declarations of each applicable Coverage Section. If different parts of a single Claim are subject to different Deductible Amounts, the applicable Deductible Amounts will be applied separately to each part of such Claim, but the sum of such Deductible Amounts shall not exceed the largest applicable Deductible Amount. Such Deductible Amount shall be borne by the Insureds uninsured and at their own risk. (2) No Deductible Amount shall apply to Loss incurred by any Insured Person for which the Insured Organization is not permitted by common or statutory law to indemnify, or is permitted or required to indemnify, but is not able to do so by reason of Financial Impairment. (3) If the Insured Organization is permitted or required by common or statutory law to indemnify the Insured Persons for any Loss, or to advance Defense Costs on their behalf, under any Liability Coverage Section and fails or refuses to do so other than for reasons of Financial Impairment, then the Insured Organization shall reimburse and hold harmless the Company for the Company’s payment or advancement of such Loss up to the amount of the applicable Deductible Amount. (4) In the event that: (a) a final adjudication with prejudice pursuant to a trial, motion to dismiss or a motion for summary judgment of any Claim; or (b) a complete and final settlement with prejudice of any Claim; establishes that none of the Insureds in such Claim are liable for any Loss, no Deductible Amount shall apply to Defense Costs incurred in connection with any such Claim, and the Company will reimburse the Insureds for any covered Defense Costs paid by the Insureds within the Deductible Amount otherwise applicable to such Claim; provided that this paragraph (4) shall not apply to any (i) Employment Claim or Third Party Claim which is not a class action, or (ii) Professional Services Claim (as such terms are defined in the applicable Liability Coverage Sections). (B) Solely with respect to any Non-Liability Coverage Section: (1) The Company shall pay loss that exceeds the amount of recoveries made prior to such payment, less the Deductible Amount set forth in the Declarations for the applicable Non- Liability Coverage Sectio...

Deductible Amount. Notwithstanding any other provision of this Agreement, Sellers shall have no liability under Article 9 until the total of all Losses with respect to such matters exceeds $75,000 (the “Deductible Amount”), at which time Sellers shall be responsible for aggregate Losses in excess of the Deductible Amount. Notwithstanding any other provision of this Agreement, Purchaser shall have no liability under Article 9 until the total of all Losses with respect to such matters exceed the Deductible Amount, at which time Purchaser shall be responsible for aggregate Losses in excess of the Deductible Amount.

Deductible Amount. Notwithstanding any provision of this Agreement to the contrary, none of the parties to this Agreement shall be required to make any indemnification or related payment under this Agreement or otherwise with respect to a claim asserted following the Option Closing alleging any breach of any of such party's representations, agreements, promises (covenants) and/or warranties under this Agreement, except to the extent that the cumulative amount of the damages actually incurred by the party seeking any such indemnification as a direct result of all such breaches of such representations, agreements, promises (covenants) and/or warranties actually exceeds, in the aggregate, the Deductible Amount (as define herein). The "Deductible Amount" shall be One Hundred Thousand Dollars ($100,000).