Common use of Damages from Purchaser Clause in Contracts

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.4(a) unless and until the accumulated aggregate amount of Damages of the Vendor’s Indemnified Parties arising pursuant to Section 6.4(a) exceeds $400,000, in which event the accumulated aggregate amount of all such Damages may be recovered. 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 3.2(1) or (2) of this Agreement, or (ii) any other representation or warranty of the Purchaser in this Agreement resulting from fraud by the Purchaser, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.4(b).

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.4(a6.3(a) unless and until the accumulated aggregate amount of Damages of the Vendor’s Vendor Indemnified Parties arising pursuant to Section 6.4(a6.3(a) exceeds $400,000the Claim Basket, in which event the accumulated aggregate amount of all such Damages in excess of the Claim Basket may be recovered. Such limitation shall have no application to any claim to recover Damages Indemnity Claim based on any incorrectness in or breach of (i) any representation or warranty of the Purchaser in Sections 3.2(1) or (2) of this AgreementFundamental Representation, or (ii) any other representation or warranty of the Purchaser in this Agreement resulting from fraud or intentional misrepresentation by the Purchaser, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.4(b6.3(b).

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.4(a6.6(a) unless and until the accumulated aggregate amount of Damages of the Vendor’s Vendors’ Indemnified Parties arising pursuant to Section 6.4(a6.6(a) exceeds $400,000, in which event the accumulated aggregate amount of all such Damages may be recovered. 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 3.2(13.4(1) or (2) of this Agreement, or (ii) any other representation or warranty of the Purchaser in this Agreement resulting from fraud by the Purchaser, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.4(b6.6(b).

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.4(a4.3(a) unless and until the accumulated aggregate amount of Damages of the Vendor’s Indemnified Parties Vendor arising pursuant to Section 6.4(a4.3(a) exceeds $400,000the Deductible, in which event the accumulated aggregate amount of all such Damages in excess of the Deductible may be recoveredrecovered up to a maximum amount equal to the $3,000,000. 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 3.2(12.2(1) or (22.2(2) of this Agreement, or (ii) any other representation or warranty of the Purchaser in this Agreement resulting from fraud by the Purchaser, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.4(b4.3(b).

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.4(a4.3(a) unless and until the accumulated aggregate amount of Damages of the Vendor’s Vendors' Indemnified Parties arising pursuant to Section 6.4(a4.3(a) exceeds $400,00010,000, in which event the accumulated aggregate amount of all such Damages may be recovered, provided that such obligation to indemnify shall only apply in respect of individual claims which the indemnity 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 3.2(12.2(1) or (2) of this Agreement, or (ii) any other representation or warranty of the Purchaser in this Agreement resulting from fraud by the Purchaser, nor shall the limitation limitations be construed to apply to any of the indemnities in Sections 6.4(bSection 4.3(b).