Loss Calculation. The amount of Claims or Damages to which an indemnity provided for in this Section 15.1 applies shall be determined after giving effect to all provisions of the Transaction Documents other than this Section 15.1 the operation of which mitigates or compensates for such Claims or Damages (to the extent such terms are given full force and effect), including (as applicable) any reductions in the Service Fee, Service Fee Return Refund or Bonus Amount payable under the Agency and Services Agreement on account or in respect of such Claims and Damages.
Appears in 2 contracts
Sources: Master Transaction Agreement (Calpine Corp), Master Transaction Agreement (Calpine Corp)