Common use of CONTINGENT AND UNQUANTIFIABLE LIABILITIES Clause in Contracts

CONTINGENT AND UNQUANTIFIABLE LIABILITIES. No liability shall attach to any of the Warrantors in respect of any claim to the extent that the claim is based upon a liability which is contingent only or is otherwise not capable of being quantified unless and until such liability ceases to be contingent and becomes an actual liability or becomes capable of being quantified, as the case may be, provided that this paragraph shall not operate to avoid a claim made in respect of a contingent or unquantifiable liability within the applicable time limits specified in paragraph 3 of this schedule if the notice of such claim has been served before the expiry of the relevant period (even if such liability does not become an actual or quantifiable liability, as the case may be, until after the expiry of such period).

Appears in 2 contracts

Samples: Simon Robert Fuller (CKX, Inc.), Jumptv Inc

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CONTINGENT AND UNQUANTIFIABLE LIABILITIES. No liability shall attach to any either of the Warrantors Purchasers in respect of any claim to the extent that the claim is based upon a liability which is contingent only or is otherwise not capable of being quantified unless and until such liability ceases to be contingent and becomes an actual liability or becomes capable of being quantified, as the case may be, provided that this paragraph shall not operate to avoid a claim made in respect of a contingent or unquantifiable liability within the applicable time limits specified in paragraph 3 of this schedule if the notice of such claim has been served before the expiry of the relevant period (even if such liability does not become an actual or quantifiable liability, as the case may be, until after the expiry of such period).

Appears in 1 contract

Samples: Simon Robert Fuller (CKX, Inc.)

CONTINGENT AND UNQUANTIFIABLE LIABILITIES. No liability shall attach to any of the Warrantors Warrantor in respect of any claim Relevant Claim to the extent that the claim Relevant Claim is based upon a liability which is contingent only or is otherwise not capable of being quantified unless and until such liability ceases to be contingent and becomes an actual liability or becomes capable of being quantified, as the case may be, provided that this paragraph shall not operate to avoid a claim made in respect of a contingent or unquantifiable liability within the applicable time limits specified in paragraph 3 4 of this schedule Schedule if the notice of such claim has been served before the expiry of the relevant period specified in paragraph 4 (even if such liability does not become an actual or quantifiable liability, as the case may be, until after the expiry of such period).

Appears in 1 contract

Samples: Share Purchase Agreement (Seachange International Inc)

CONTINGENT AND UNQUANTIFIABLE LIABILITIES. No liability shall attach to any of the Warrantors Purchaser in respect of any claim to the extent that the claim is based upon a liability which is contingent only or is otherwise not capable of being quantified unless and until such liability ceases to be contingent and becomes an actual liability or becomes capable of being quantified, as the case may be, provided that this paragraph shall not operate to avoid a claim made in respect of a contingent or unquantifiable liability within the applicable time limits specified in paragraph 3 of this schedule if the notice of such claim has been served before the expiry of the relevant period (even if such liability does not become an actual or quantifiable liability, as the case may be, until after the expiry of such period).

Appears in 1 contract

Samples: Jumptv Inc

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CONTINGENT AND UNQUANTIFIABLE LIABILITIES. No liability shall attach to any of the Warrantors Vendors in respect of any claim (other than a Tax Claim) to the extent that the claim is based upon a liability which is contingent only or is otherwise not capable of being quantified unless and until such liability ceases to be contingent and becomes an actual liability or becomes capable of being quantified, as the case may be, provided that this paragraph clause shall not operate to avoid a claim made in respect of a contingent or unquantifiable liability within the applicable time limits specified in paragraph clause 3 of this schedule Schedule, if the notice of such claim has been served before the expiry of the relevant period (even if such liability does not become an actual or quantifiable liability, as the case may be, until after the expiry of such period).

Appears in 1 contract

Samples: Share Purchase Agreement (Image Sensing Systems Inc)

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