De minimis and Overall Deductible. (i) The Seller shall not be liable for any individual claim for Misrepresentations (or a series of claims arising from substantially identical facts or circumstances) where the Damages agreed or determined for any such claim or series of claims does not exceed the Individual Deductible. Where the Damages agreed or determined in respect of any such claim or series of claims exceeds the Individual Deductible, such claim or series of claims shall be considered from the first euro and not just the amount in excess of the Individual Deductible. Nevertheless, in the event of a claim for a Misrepresentation in relation to the Specific Warranties 8.1(xiv), 8.1(xv) and 8.1(xvi), the liability of the Seller shall not be subject to the Individual Deductible.
Appears in 2 contracts
Samples: Agreement (Telefonica S A), American Tower Corp /Ma/
De minimis and Overall Deductible. (i) The Seller shall not be liable for any individual claim for Misrepresentations (or a series of claims arising from substantially identical facts or circumstances) where the Damages agreed or determined for any such claim or series of claims does not exceed the Individual Deductible. Where the Damages agreed or determined in respect of any such claim or series of claims exceeds the Individual Deductible, such claim or series of claims shall be considered from the first euro and not just the amount in excess of the Individual Deductible. Nevertheless, in the event of a claim for a Misrepresentation in relation to the Specific Warranties 8.1(xiv), 8.1(xv) and 8.1(xvi8.1(xv), the liability of the Seller shall not be subject to the Individual Deductible.
Appears in 2 contracts
Samples: German Maintenance Agreement (American Tower Corp /Ma/), Agreement (Telefonica S A)