Retentions Clause Samples
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Retentions. The following provisions shall apply in addition to the provisions of Section IV of the General Terms and Conditions Section:
(1) The Underwriter’s obligation to pay Loss under this Coverage Section shall only be in excess of the applicable Retention stated in ITEM 5 of the Declarations. Such Retention shall only be eroded (or exhausted) by the Insured’s payment of Loss otherwise covered under this Coverage Section, and shall be borne by the Insureds uninsured and at their own risk. The Underwriter shall have no obligation whatsoever, either to the Insureds or any other person or entity, to pay all or any portion of the applicable Retention on behalf of any Insured. The Underwriter shall, however, at its sole discretion, have the right and option to do so, in which event the Insureds will repay the Underwriter any amounts so paid.
(2) No Retention shall apply to any Loss resulting from any Fiduciary Claim incurred by an Insured Person if such Loss cannot be indemnified by the Organization or Plan because such Organization or Plan is either not legally permitted or required to indemnify, or is unable to indemnify, such Insured Person by reason of Financial Impairment.
(3) No Retention shall apply under Insuring Agreement (B) of this Coverage Section.
Retentions. Extras for which the claimant has not received payment.
Retentions. The evaluation period for retention for employees in their first and second years of employment shall be the entire period of employment within Unit A. The evaluation period for retention for all other employees shall be the period beginning immediately after the conclusion of the employee's last evaluation period for retention.
Retentions. In addition to any other rights Buyer has, Buyer may, at its sole option, withhold payment of up to ten percent (10%) of the total value of this Purchase Order or individual invoices until Seller provides all required objective quality evidence, submits required data items, and satisfactorily fulfills all other reporting and documentation requirements.
Retentions. Where you have given an undertaking to UCBHL to carry out works to the Property you are to effect them to the satisfaction of UCBHL within 6 months if no other time is specified. If it is a term of the loan that a retention is to be made from the Loan Amount this will be deducted from any loan to be made to you and paid to you following completion of the works to the satisfaction of UCBHL.
Retentions. A retention is the retaining, in a job classification in which the surplus has been declared by the Company of an individual whose seniority position would have caused the employee to have been surplused while another employee or employees with greater seniority are surplused. In each instance the retained employee will be designated, at the time the retention is used, to be retained in the job classification rather than be affected by the surplus action.
(a) In determining the number of allowable retentions, calendar six-month periods shall be used, the first period in each year shall be from January 1 to June 30, inclusive, and the second period shall be from July 1 to December 31 inclusive.
(b) For each period the allowable number of retentions applicable shall be the number resulting from applying 4% of the total number of employees in the bargaining unit on the first regular working day of each six month period. The number of allowable retentions shall be computed to the nearest whole number and a fraction of 1/2 or more shall be treated as one.
Retentions. The Borrower undertakes with each Creditor Party (only if the circumstances referred to in Clause 8.2(a) shall apply at the relevant time) to ensure that no later than 3 Business Days after a Relevant Distribution Declaration Date, there shall be transferred to the Retention Account out of the aggregate Earnings received in the Earnings Accounts, the repayment instalment falling due under Clause 8.2(a) at that time.
Retentions. 1. Retentions set forth in the respective Management Liability Coverage Part Declarations or the Professional Liability Coverage Part Declarations shall apply under each Coverage Part as set forth in such Declarations. The Insurer shall pay Loss in excess of any retention as it becomes due and payable to the Insureds.
2. Subject to paragraph 3. below, the Insurer’s obligation to pay Loss is in excess of any applicable retentions. The Insurer will have no obligation to pay all or any portion of any applicable retention. Should the Insurer, in its sole discretion, pay any retention, then the Named Insured shall have the obligation to reimburse the Insurer for such amounts.
3. Solely with respect to the Directors & Officers Liability Coverage Part and the Fiduciary Liability Coverage Part, no retention applies to any Insured Person with respect to any Claim against such Insured Persons if:
a. the Insured Entity and/or any Plan are not permitted to advance Defense Costs or to indemnify such Insured Person for Loss by reason of:
i. Financial Insolvency; or
ii. a good faith determination by the Insured Entity and/or any Plan that such payment is not permitted under the broadest construction of applicable law; or,
b. there is a determination of No Liability of such Insured Person with respect to such Claim, or if such Claim is dismissed, or, there is a stipulation to dismiss such Claim, with prejudice and without the payment of any consideration.
4. Subject to Section XI. Coordination Among Coverage Parts, if a Single Loss is covered under more than one Coverage Part and if more than one retention applies to such Single Loss, the maximum total retention amount applicable to such Single Loss shall be the highest of such applicable retentions.
Retentions. 1. Solely with respect to coverage provided on a Combined Limits basis, the Insurer is liable only for that portion of covered damages, regulatory damages and claim expenses resulting from a third party wrongful act and for that portion of covered first party costs resulting from a first party incident that is in excess of the applicable Insuring Agreement’s retention amount, as stated in Item 7. on the Declarations page. If more than a single retention applies to a claim and/or first party incident, then the Insured is responsible for paying the highest applicable retention. The retention will be borne entirely by the Insured alone and not by the Insurer.
2. Solely with respect to coverage provided on a Separate Limits basis, the Insurer is liable only for that portion of covered damages, regulatory damages and claim expenses resulting from a third party wrongful act and for that portion of any covered loss of business income, extra expense, data recovery expenses, cyber-extortion expenses, data breach response and crisis management costs and claim avoidance costs resulting from a cyber security breach or cyber-extortion threat that is in excess of the applicable Insuring Agreement’s retention amount, as stated in Item 7. on the Declarations. If more than a single retention applies to a claim and/or first party incident, then the Insured is responsible for paying the highest applicable retention. The retention will be borne entirely by the Insured alone and not by the Insurer. As respects Data Breach Response and Crisis Management Coverage a separate retention will apply and the Insurer is liable only for that portion of any covered data breach response and crisis management costs directly resulting from a data breach.
Retentions. Tetra – Federal withholding for non US resident • Local Government Withholding – Special retention for interest earning accounts • Holds – Regulate the deposit accounts funds availability according to Reg. CC. The contract fee should include all the modifications or changes required by the Reg. CC, including the notices.