BASKET; CAP; SOLE SOURCES OF INDEMNIFICATION. (a) No Indemnified Person will be entitled to indemnification pursuant to Sections 8.2 or 8.3 unless and until the aggregate amount of Damages with respect to which such Indemnified Person would otherwise be entitled to assert thereunder exceeds $10,000 (the "BASKET AMOUNT"). When the aggregate amount of Damages exceeds the Basket Amount, the indemnified party will be entitled to indemnification for all Damages, including those within the Basket Amount.
Appears in 2 contracts
Samples: Merger Agreement (Merge Technologies Inc), Merger Agreement (Accuimage Diagnostics Corp)
BASKET; CAP; SOLE SOURCES OF INDEMNIFICATION. (a) No Indemnified Person will be entitled to indemnification pursuant to Sections 8.2 or 8.3 unless and until the aggregate amount of Damages with respect to which such Indemnified Person would otherwise be entitled to assert thereunder exceeds $10,000 (the "“BASKET AMOUNT"”). When the aggregate amount of Damages exceeds the Basket Amount, the indemnified party will be entitled to indemnification for all Damages, including those within the Basket Amount.
Appears in 2 contracts
Samples: Merger Agreement (Faliks Aviel), Merger Agreement (Merge Technologies Inc)
