Excessive Use Indemnity Sample Clauses
The Excessive Use Indemnity clause requires one party to compensate the other for losses or damages resulting from usage of a product or service that exceeds agreed-upon limits. Typically, this clause applies when a customer uses more resources, bandwidth, or services than specified in the contract, and the provider incurs additional costs or liabilities as a result. Its core function is to allocate financial responsibility for overuse, ensuring that the provider is protected from unforeseen expenses caused by excessive consumption.
Excessive Use Indemnity. In the event that at the end of the Lease Term: (a) Lessee elects the Sale Option; and (b) after paying to Agent any amounts due under Section 11.3 of the Lease, Agent does not have sufficient funds to reduce the Lease Balance to zero, then Lessee shall promptly pay over to Agent the shortfall unless Lessee delivers a report from the Appraiser in form and substance satisfactory to the Required Lessors which establishes that the decline in value in each Vehicle which was sold pursuant to the Sale Option from that amount anticipated for such date in the Appraiser's report delivered with respect to such Vehicle on the applicable Delivery Date was not due to extraordinary use, failure to maintain or replace, failure to use, workmanship or method of installation or removal or any other cause or condition within the power of Lessee to control or effect (each an "Excessive Use").
Excessive Use Indemnity. In the event that at the end of any Lease Supplement Term:
(a) Lessee elects the Sale Option; and (b) after paying to Lessor any amounts due under Section 4.5 of the Lease, including the Proceeds and the Recourse Deficiency Amount or the Applicable Percentage Amount, Lessor does not have sufficient funds to reduce such Lease Supplement Balance to zero, then Lessee shall promptly pay over to Lessor the shortfall unless Lessee delivers a report from an independent Participation Agreement appraiser in form and substance satisfactory to the Required Entities which establishes that the decline in value in the applicable System or Systems subject to such Lease Supplement was not due to the excessive use of any such Systems, failure to maintain any such Systems, modifications or restorations which reduce the value of any such Systems, any adverse change in the environmental condition of any such Systems, or any defect or exception to title to any such System or Systems and any related Equipment.
Excessive Use Indemnity. In the event that (a) Deepwater ------------------------ elects the Return Option and (b) after paying to the Charter Trustee all amounts due under Section 20.3 of the Charter, including Net Sales Proceeds and the Residual Guarantee Amount, the Charter Trustee has not received sufficient funds to reduce the Certificate Purchaser Balance to zero, then Deepwater shall deliver a report from an independent appraiser acceptable to the Required Certificate Purchasers establishing whether or not the decline in the fair market value of the Drillship from the anticipated fair market value of the Drillship as of the Scheduled Charter Expiration Date in the Appraiser's report delivered pursuant to Section 3.2(f) was due to wear and tear on the Drillship in excess of ordinary wear and tear. Deepwater shall pay to the Charter Trustee promptly after receipt of such report an amount equal to the amount, if any, of the decline in the fair market value of the Drillship that the appraiser has attributed to such excess wear and tear; provided, however, that the amount owed by Deepwater pursuant to this Section 6.8 shall in no event exceed the amount of funds necessary to reduce the Certificate Purchaser Balance to zero and to pay all accrued and unpaid Certificate Return after Deepwater's payment of all amounts due under Section 20.3 of the Charter. The appraiser's determination shall be absolute and final and not contested by any of the parties hereto, absent manifest error.
Excessive Use Indemnity. In the event that at the end of the Lease Term:
(a) Lessee elects the Sale Option; and (b) after paying to Lessor all amounts due under Section 6.3 of the Lease, including Proceeds and the aggregate Applicable Percentage Amount, Lessor does not have sufficient funds to reduce the Lease Balance to zero, then Lessee shall promptly pay over to Lessor the shortfall unless Lessee delivers a report from an independent appraiser in form and substance satisfactory to Lessor and the Agent which establishes that the decline in value in the Sites from the aggregate amount anticipated for such date in the Appraiser's report delivered with respect to each Site on or about the applicable Site Acquisition Date was not due to the excessive use of any Facility or any Site, failure to maintain any Facility or any Site, modifications or restorations which reduce the value of any Facility or any Site, any adverse change in the environmental condition of any Facility or any Site, any easements granted pursuant to Section 8.3 of the Lease or Section 3.4 of the Construction Agency Agreement which reduce the value of any Facility or Site or any other cause or condition within the power of Lessee to control or affect differing from ordinary wear and tear.
Excessive Use Indemnity. In the event that at the end of the Lease Term:
(a) Lessee elects the Sale Option and (b) after paying to Agent any amounts due under Section 9.1(b) of the Lease, Proceeds and the Applicable Percentage Amount, the Lease Balance shall not have been reduced to zero, then Lessee shall promptly pay over to Agent the shortfall unless Lessee delivers a report from an independent appraiser in form and substance satisfactory to the Required Participants which establishes that the decline in value in the Units from the aggregate amount anticipated for such date in the Appraiser's report delivered with respect to each Unit on the Delivery Date was not due to the excessive use of any Unit, failure to maintain any Unit, modifications or alteration which reduce the value of any Unit, any adverse change in the environmental condition of any Unit, any defect or exception to title of any Unit or any other cause or condition within the power of Lessee to control or affect, differing from ordinary wear and tear.
Excessive Use Indemnity. In the event that at the end of the Lease Term as to any Schedule: (a) Lessee elects the Sale Option; and (b) after paying to Lessor any amounts due under Paragraph 1 of the Appendix of the Lease, Proceeds and the Sale Recourse Amount, Lessor does not have sufficient funds to reduce the applicable Schedule Balance to zero, then Lessee shall promptly pay over to Lessor the shortfall unless Lessee delivers a report from the Appraiser in form and substance satisfactory to the Lessor which establishes that the decline in value in each Unit which was sold pursuant to the Sale Option from that amount anticipated for such date in the Appraiser's report delivered with respect to such Unit on the applicable Delivery Date was not due to extraordinary use, failure to maintain or replace, failure to use, workmanship or method of installation or removal or any other cause or condition within the power of Lessee to control or effect (each an "Excessive Use").
Excessive Use Indemnity. In the event that at the end of the Lease Term: (a) Lessee elects the Sale Option with respect to one or more Functional Units; and (b) after paying to the Agent any amounts due under Section 11.1(c) of the Lease, Proceeds and the Sale Recourse Amount, the Agent does not have sufficient funds to reduce the Lease Balance to zero, then the Lessee shall promptly pay over to the Agent the shortfall unless and to the extent that the Lessee delivers a report from the Appraiser in form and substance satisfactory to the Required Lessors which establishes that the decline in value in the Equipment which was sold pursuant to the Sale Option from that amount anticipated for such date in the Appraiser's report delivered with respect to such Equipment on the applicable Delivery Date was not due to extraordinary use, failure to maintain or replace, failure to use, workmanship or method of installation or removal or any other cause or condition within the power of the Lessee to control or effect.
Excessive Use Indemnity. In the event that any Sites are sold under the Sale Option and only to the extent that any portion of the aggregate of all Site Balances for all Sites remains outstanding after application of all Proceeds payable to Lessor in connection with such Sale Option, Lessee will in accordance with the general indemnity set forth in Section 14 of the Participation Agreement indemnify and hold harmless the Lessor against (i) extraordinary use, failure to maintain, to repair, to restore, to rebuild or to replace, failure to comply with all Applicable Laws, failure to use, workmanship, method of installation or removal or maintenance, repair, rebuilding or replacement, or any other cause or condition within the power of the Lessee to control or effect resulting in the Improvements failing to be used for their intended purposes (excepting in each case ordinary wear and tear), or (ii) any Alteration made to, or any rebuilding of, any Property or any part thereof by the Lessee, or (iii) any restoration or rebuilding carried out by the Lessee including, without limitation, in connection with any Casualty or Condemnation, or (iv) any use of the Property or any part thereof by the Lessee other than as permitted by the Lease and any applicable Ground Lease, or (v) any decrease in the value of the applicable Sites arising out of the excessive use of such Sites, failure to maintain such Sites, modifications or restorations which reduce the value of such Sites, or any other condition of such Sites within the control of Lessee, as determined by an independent appraiser chosen by the Lessor and retained at Lessee's expense, or (vi) Lessee's sale of such Sites without the prior written consent of Lessor, for less than its actual Fair Market Sales Value as of the applicable Expiration Date as set forth in the Appraisal as provided in Section 6(d)(viii).
Excessive Use Indemnity. In the event that at the end of the Base Period: (a) the Lessee elects the Sale Option; and (b) after paying to the Trustee Periodic Rent then due and payable, Proceeds and the Sale Recourse Amount, the Trustee does not have sufficient funds to make all payments then due on the Certificates, then the Lessee shall promptly pay over to the Trustee the shortfall unless and to the extent that the Lessee delivers a report from the Appraiser in form and substance satisfactory to the Holders which establishes that the decline in value in the Equipment from that anticipated for such date in the Final Appraisal was not due to extraordinary use, failure to maintain or replace, failure to use, workmanship or method of installation or removal or any other cause or condition within the power of the Lessee to control or effect.
Excessive Use Indemnity. 41 7.5 Indemnification of Trust Company . . . . . . . . . . . . . . . . 41 ARTICLE 8