Pecuniary Loss Clause Samples

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Pecuniary Loss. Such party has compensated or has provided to the other party adequate assurances that within ten (10) days from the date of assumption the other party will be compensated for any pecuniary loss incurred by the party arising from any default of such party under this Agreement prior to the assumption.
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Pecuniary Loss. 5.1 Loss of classes / Reimbursement for inability to attend class
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Pecuniary Loss. We will indemnify you in accordance with the operative clause for damages and costs and expenses arising as a result of any pecuniary loss incurred by customers or third parties as a result of any product or part thereof which fails to perform the function for which it was manufactured, designed, sold, supplied, installed, repaired, despatched or delivered by you or on your behalf.
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Pecuniary Loss. 19. Regarding the claimant’s pain, suffering and loss of amenity, her evidence was that, although she had asthma, she had a normal working and domestic life, which changed in 2010. After the incident, she experienced trouble with swallowing, which affected her eating and drinking. Further, she described that she had developed skin problems, soreness in the mouth and difficulty sleeping due to excessive snoring. She was now restricted to indoor life and can no longer play sports. She frequently feels depressed and has to take a daily dose of medication. She averred, further, that she has had to adjust her home life, and, now, was unable to perform her usual domestic duties. It has severely restricting her ability to socialize or work full time, which she misses. 20. On pecuniary prospects, the claimant ceased working with DESALCOTT on 1 June 2012, but obtained other employment in 2013. She had pleaded twenty-one years loss of earnings, but her counsel submitted that her pecuniary prospects were not materially affected and made no further submissions, so it was assumed the claim was abandoned. 21. Counsel for the claimant suggested an award within the range of $250,000.00 to $300,000.00 for the injury sustained whilst counsel for DESALCOTT recommended the nominal sum of $5,000.00 or alternatively the sum of $195,168.41. In my view, a nominal award was patently unfair so I rejected it outright. The claimant, despite the brevity of the exposure, suffered harm from DESALCOTT’s tort. I did not accept the diagnosis of RADS but it was undeniable that the claimant suffered harm. In my view, the injury was not as significant, long lasting or physically flattening health wise, as she would like me to believe. The evidence simply did not prove, to my satisfaction, that the exposure caused such a debilitating effect on the claimant that several years later, her pain and suffering remained unabated. The claimant continued working for several years post-exposure so was able to function or manage the effects on her health caused by the fumes. A claimant must satisfy a court on the evidence that, on balance, the injury suffered resulted in major pain, suffering and losses such as to attract the significant award sought. A minor exposure to toxic gases would still have caused breathing challenges, with considerable discomfort and pain. Even if I were to accept the two-week upper limit for exacerbation submitted by DESALCOTT, a nominal award would not meet the justice of the...
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Related to Pecuniary Loss

  • Damage or Loss 3.1 All laptops and batteries are covered by a manufacturer’s warranty. The warranty covers manufacturer’s defects and normal use of the laptop. It does not cover negligence, abuse, malicious or accidental damage.(e.g cracked LCD screens are not covered under warranty) 3.2 Any problems, vandalism, damage loss or theft of the laptop must be reported immediately to the school. 3.3 In the case of a suspected theft a police report must be made by the family and an event number provided to the school. 3.4 In the case of accidental loss or damage a witnessed statutory declaration signed by the parent/carer should be provided and a major damage or loss report must be filled out by the student. The repair costs are subsidised. (No charge for labour). 3.5 If a laptop is damaged or lost the principal will determine whether replacement is appropriate and/or whether or not a student retains access to a laptop for home use. 3.6 Students will be required to replace lost or damaged chargers.

  • Consequential Loss Notwithstanding anything contained in this Agreement, neither Party shall be liable to the other Party for any indirect, special, consequential, punitive, and/or exemplary damages or losses arising from any act or omission by that Party relating to this Agreement and each Party (the “Indemnifying Party”) shall defend, indemnify and hold the other Party (the “Indemnified Party”) harmless in respect of any and all such indirect, special, consequential, punitive, and/or exemplary damages or losses suffered or incurred by the Indemnifying Party (provided that nothing in this Clause 15 shall relieve any Party from any express obligation under this Agreement to make any payment to another).

  • Loss A Loss (also referred to as dilution) results when a fund or, in the case of a multi-class fund, a class either (1) has paid excess redemption proceeds as a result of an overstated NAV or (2) has received insufficient subscription monies as a result of an understated NAV (in either case, transacting shareholders benefit from transacting at the misstated NAV, to the detriment of the fund or class).

  • Property Loss PSU is not responsible for loss or damage to personal property in University Housing due to fire, theft, pests, water, interruption of water or heat or other utility services, damages caused by other Residents, or other causes. Residents are strongly encouraged to carry personal property insurance (commonly referred to as “renters insurance”) and to remove any valuable items from their Space during break periods. Any claims regarding property loss or injury will be referred to PSU Risk Management (▇▇▇.▇▇▇.▇▇▇/▇▇▇▇).

  • Compensation for Damage or Loss 1. When investments made by investors of either Contracting Party suffer loss or damage owing to war or other armed conflict which is not a result of the activities of the Contracting Party to which the investors belong, civil disturbances, revolution, riot or similar events in the territory of the latter Contracting Party, they shall be accorded by the latter Contracting Party, treatment, as regards restitution, indemnification, compensation or any other settlement, not less favourable than that that the latter Contracting Party accords to its own investors or to investors of any third State, whichever is most favourable to the investors concerned. 2. Without prejudice to paragraph 1 of this Article, investors of one Contracting Party who in any of the events referred to in that paragraph suffer damage or loss in the territory of the other Contracting Party resulting from: a) requisitioning of their property or part thereof by its forces or authorities; b) destruction of their property or part thereof by its forces or authorities which was not caused in combat action or was not required by the necessity of the situation, shall be accorded a prompt restitution, and where applicable prompt, adequate and effective compensation for damage or loss sustained during the period of requisitioning or as a result of destruction of their property. Resulting payments shall be made in freely convertible currency without delay. 3. Investor whose investments suffer damage or loss in accordance to paragraph 2. of this Article, shall have the right to prompt review of its case by a judicial or other competent authority of that Contracting Party and of valuation of its investments and payment of compensation in accordance with the principles set out in paragraph 2. of this Article.