Common use of Damages from Purchaser Clause in Contracts

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.3(a) unless and until the accumulated aggregate amount of Damages of the Vendor’s Indemnified Parties arising pursuant to Section 6.3(a) exceeds $75,000, in which event the accumulated aggregate amount of all such Damages may be recovered, up to a maximum of the Indemnity Cap. Such limitation shall have no application to any claim to recover Damages based on any incorrectness in or breach of any representation or warranty of the Purchaser in this Agreement resulting from intentional misrepresentation, wilful breach or fraud by the Purchaser, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.3(b).

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.3(a4.3(a) unless and until the accumulated aggregate amount of Damages of the Vendor’s Vendors' Indemnified Parties arising pursuant to Section 6.3(a4.3(a) exceeds $75,00010,000, in which event the accumulated aggregate amount of all such Damages may be recovered, up provided that such obligation to a maximum indemnify shall only apply in respect of individual claims which the Indemnity Capindemnity amount payable is at least $5,000. Such limitation shall have no application to any claim to recover Damages based on any incorrectness in or breach of (i) any representation or warranty of the Purchaser in Sections 2.2(1) or (2) of this Agreement, or (ii) any other representation or warranty of the Purchaser in this Agreement resulting from intentional misrepresentation, wilful breach or fraud by the Purchaser, nor shall the limitation limitations be construed to apply to any of the indemnities in Sections 6.3(bSection 4.3(b).

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.3(a) unless and until the accumulated aggregate amount of Damages of the Vendor’s 's Indemnified Parties arising pursuant to Section 6.3(a) exceeds $75,000USD$150,000, in which event the accumulated aggregate amount of all such Damages may be recovered, up to a maximum of the Indemnity CapUSD$1,500,000. Such limitation shall have no application to any claim to recover Damages based on any incorrectness in or breach of any representation or warranty of the Purchaser in this Agreement resulting from intentional misrepresentation, wilful breach or fraud by the Purchaser, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.3(b).