Common use of Damages from Vendor Clause in Contracts

Damages from Vendor. No Damages may be recovered from the Vendor pursuant to Section 6.2(a) unless and until the accumulated aggregate amount of Damages of the Purchaser’s Indemnified Parties arising pursuant to Section 6.2(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 Vendor in this Agreement resulting from intentional misrepresentation, wilful breach or fraud by the Vendor, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.2(b).

Damages from Vendor. No Damages may be recovered from the Vendor pursuant to Section 6.2(a) unless and until the accumulated aggregate amount of Damages of the Purchaser’s 's Indemnified Parties arising pursuant to Section 6.2(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 Vendor in this Agreement resulting from intentional misrepresentation, wilful breach or fraud by the Vendor, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.2(b).

Damages from Vendor. No Damages may be recovered from the Vendor Vendors pursuant to Section 6.2(a4.2(a) unless and until the accumulated aggregate amount of Damages of the Purchaser’s 's Indemnified Parties arising pursuant to Section 6.2(a4.2(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 in 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 Vendor Vendors in Sections 2.1(1), (2), (3), (4), (9) or (29) of this Agreement, or (ii) any other representation or warranty of the Vendors in this Agreement resulting from intentional misrepresentation, wilful breach or fraud by the VendorVendors, nor shall the limitation limitations be construed to apply to any of the indemnities in Sections 6.2(b4.2(b) to 4.2(f).

Damages from Vendor. No Damages may be recovered from the Vendor pursuant to Section 6.2(a) unless and until the accumulated aggregate amount of Damages of the Purchaser’s Indemnified Parties arising pursuant to Section 6.2(a) exceeds $75,000400,000, 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 (i) any of the Vendor’s Fundamental Representations, or (ii) any other representation or warranty of the Vendor in this Agreement resulting from intentional misrepresentation, wilful breach or fraud by the Vendor, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.2(b)) through 6.2(k) and Section 6.3.