Applicability Liability Cap Sample Clauses

Applicability Liability Cap. The limitations set forth in Sections 7.4(a) shall not apply in the case of Fraud or to the representations and warranties of Company in Section 3.1, Section 3.2 and Section 3.3 and the representations and warranties of Selling Holders contained in Section 4.1, Section 4.2 and Section 4.3, in each which case, the maximum aggregate amount that the Purchaser Indemnitees are entitled to recover from Seller Indemnitors is an amount equal to the Purchase Price. Subject to the other limitations set forth herein, each Seller Indemnitor shall be liable only for (i) breaches of or inaccuracies in his or its own representations and warranties and breaches or nonperformance of his or its own covenants (and not those of any other Selling Holder); (ii) breaches of or inaccuracies in the Company’s representations and warranties and breaches or nonperformance of Company covenants; (iii) his or its own Fraud or Fraud of the Company (and not Fraud of any other Selling Holder); (iv) Taxes of the Company for any Pre-Closing Tax Period.