Basket Limitation Sample Clauses

Basket Limitation. 16.6.1 Neither Party shall be entitled to make any claim under this Clause 16 until such time as all such claims by such Party exceed [] in the aggregate or until such claim if not made would be barred by the relevant statute of limitations, at which time all such claims of that Party may be made.
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Basket Limitation. Neither Party shall be entitled to make any claim under this Clause 12 unless such claims by such Party exceed [Amount to Be Agreed Dollars] ($) (or the Jamaican Dollar equivalent) in the aggregate or until such claim if not made would be barred by the relevant statute of limitations.
Basket Limitation. 32 Xxxx of Sale, Assignment and Assumption .................................................................................... 14
Basket Limitation. No Indemnified Party shall assert any claim for indemnification for a breach of a representation or warranty until such time as the aggregate of all claims which such Indemnified Party may have against an Indemnifying Party shall exceed $50,000 (the "Basket Limitation") at which time an Indemnified Party shall be entitled to seek indemnification hereunder for all claims pursuant to this Section 10, but only to the extent such claims, in the aggregate, exceed the Basket Limitation. For purposes of the preceding sentence, Parent, Subsidiary and the Surviving Corporation shall be considered to be a single Indemnifying and Indemnified Party and the Principals shall be considered to be a single Indemnifying and Indemnified Party. The limitation contained in this Section 10(g) shall not apply to any claim for indemnification covered under Section 10(b)(iii) hereof.
Basket Limitation. The term "Indemnity Basket" shall mean $100,000. ----------------- No claims for any Losses by a party or parties shall be made unless and until such Losses exceed the Indemnity Basket in the aggregate, and then the Indemnifying Party or Parties shall only be liable for the amount of the Losses exceeding the Indemnity Basket.
Basket Limitation. (a) No claims for any Losses hereunder shall be made unless and until such Losses exceed the Indemnity Basket (as defined below) in the aggregate, and then the indemnifying party shall only be liable for the amount of the Losses exceeding the Indemnity Basket. The foregoing shall not apply to adjustments of the Purchase Price pursuant to Section 2.4 hereof.
Basket Limitation. Except with respect to claims for breaches of any Fundamental Representation (as to which the limitation set forth in this Section 6.5(b) shall not apply), an Indemnified Party shall not be entitled to indemnification under this Article 6 for breaches of representations and/or warranties unless the aggregate of the Indemnifying Party’s indemnification obligations under this Article 6 for breaches of representations and/or warranties (but for this Section 6.5(b)) exceeds $100,000; but in such event, the Indemnified Party shall be entitled to indemnification in full for all breaches of representations and/or warranties.
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Related to Basket Limitation

  • Liability Limitation CHANNELADVISOR IS NOT LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE FAILURE OF A PERSON TO ENTER INTO A TRANSACTION BY MEANS OF CUSTOMER’S USE OF THE CHANNELADVISOR PLATFORM, ANY MODULE (OR OTHER SOFTWARE LICENSED) OR THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR ALL SELECTION OF PARTIES WITH WHOM CUSTOMER DOES BUSINESS, AND FOR TERMS AND CONDITIONS OF CUSTOMER’S AGREEMENTS WITH THOSE PARTIES AND WITH NETWORK SITES AND FLEX FEED DESTINATIONS. CHANNELADVISOR HAS NO RESPONSIBILITY FOR THE QUALITY OR AVAILABILITY OF GOODS OR SERVICES PROVIDED BY CUSTOMER, ANY BUYER'S ABILITY TO PAY, ANY THIRD PARTY'S COMPLIANCE WITH THE TERMS OF A TRANSACTION, OR FOR ANY INJURY, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE GOODS OR SERVICES OBTAINED BY A BUYER OR SOLD BY CUSTOMER THROUGH USE OF THE SERVICES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT OR ANY APPLICABLE SOW, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CHANNELADVISOR’S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR APPLICABLE SOW WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER UNDER THE APPLICABLE SOW GIVING RISE TO THE CLAIM DURING THE TWELVE MONTH PERIOD IMMEDIATELY BEFORE THE DATE THE CLAIM AROSE. IF APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF CERTAIN DAMAGES RELATED TO A PARTICULAR CAUSE OF ACTION, THEN THIS LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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