Financial Limits Sample Clauses

Financial Limits. Subject to Clause 36.1.1 (Unlimited Liability), the Supplier’s total aggregate liability: in respect of the indemnities in Clauses 22.2.2 (VAT), 22.5.1(b) (Income Tax and National Insurance Contributions), 27.4 (Staff Transfer), 33.9 (IPR Indemnity) [and Call Off Schedule 12 (Staff Transfer)] and, in each case, whether before or after the making of a demand pursuant to the indemnities therein) shall be unlimited. in respect of all: Service Credits; and Compensation for Critical Service Level Failure; incurred in any rolling period of any contiguous twelve (12) month period shall be subject in aggregate to the Service Credit Cap; in respect of all other Losses incurred by the Customer under or in connection with this Call Off Contract as a result of Defaults by the Supplier shall in no event exceed: in relation to any Defaults occurring from the Call Off Commencement Date to the end of the first Call Off Contract Year, the higher of [five hundred thousand pounds (£500,000)] [or a sum equal to one hundred and twenty five per cent (125%) of the Estimated Year 1 Call Off Contract Charges]; in relation to any Defaults occurring in each subsequent Call Off Contract Year that commences during the remainder of the Call Off Contract Period, the higher of [five hundred thousand pounds (£500,000) in each such Call Off Contract Year] [or a sum equal to one hundred and twenty five per cent (125%) of the Call Off Contract Charges payable to the Supplier under this Call Off Contract in the previous Call Off Contract Year]; and in relation to any Defaults occurring in each Call Off Contract Year that commences after the end of the Call Off Contract Period, the higher of [five hundred thousand pounds (£500,000) in each such Call Off Contract Year] [or a sum equal to one hundred and twenty five per cent (125%) of the Call Off Contract Charges payable to the Supplier under this Call Off Contract in the last Call Off Contract Year commencing during the Call Off Contract Period], unless a different aggregate limit or percentage under this Clause (c) is stipulated by the Customer during a Further Competition Procedure. Subject to Clauses 36.1.1 (Unlimited Liability) and 36.2.1 (Financial Limits) and without prejudice to its obligation to pay the undisputed Call Off Contract Charges as and when they fall due for payment, the Customer's total aggregate liability in respect of all Losses as a result of Customer Causes shall be limited to: in relation to any Customer Causes occurri...

Financial Limits. Subject to paragraph 15, the liability of the Seller shall be limited as follows: k. there shall be disregarded for all purposes, and the Seller shall not be liable in respect of, any Claim in respect of which the amount of the damages (or, in the case of a Tax Covenant Claim, the amount) to which the Purchaser would otherwise be entitled is less than: a. in respect of Claims in respect of Title and Capacity Warranties, nil; b. in respect of all other Claims other than a claim under clause 10 of this agreement, A$450,000; l. the Seller shall not be liable in respect of any Warranty Claim or Tax Covenant Claim or any claim under the General Indemnity unless the aggregate amount of damages (or, in the case of a Tax Covenant Claim, the amount) resulting from any and all Warranty Claims and Tax Covenant Claims or any claims under the General Indemnity (other than Claims disregarded as contemplated by paragraph (a) above) exceeds in aggregate the retention under the W&I Insurance Policy; m. the maximum aggregate liability of the Seller arising out of or in connection with any and all Warranty Claims, Tax Covenant Claims or any claim under the General Indemnity shall not exceed AUD 1; n. the Seller shall not be liable in respect of any Other Claim unless the aggregate amount of damages resulting from any and all Other Claims (other than Other Claims disregarded as contemplated by paragraph (a) above) exceeds in aggregate AUD 250,000; and o. the maximum aggregate liability of the Seller in respect of all and any Other Claims shall not exceed USD$321,345,000.

Financial Limits. Subject to Clause 14.1, the Contractor's total aggregate liability: 14.2.1. in respect of all claims, losses or damages, whether arising from tort (including negligence), breach of contract or otherwise under or in connection with this Agreement in each Contract Year shall in no event exceed 150% (one hundred and fifty percent) of the aggregate annual Charges paid, due or under this Agreement.

Financial Limits. Subject to paragraph 23, the liability of the Seller shall be limited as follows: (a) there shall be disregarded for all purposes: (i) subject to sub paragraph (a)(ii) and (a)(iii), any Claim in respect of which the amount of the damages to which the Purchaser would otherwise be entitled is less than EUR 100,000; (ii) subject to sub paragraph (a)(iii) any Claim in respect of an Agreed Litigation Matter, in respect of which the amount of the damages to which the Purchaser would otherwise be entitled (having deducted the amount of any set off, counterclaim, deduction or retention against or in connection with any such Agreed Litigation Matter) is less than the value attributed to such Agreed Litigation Matter in the column entitled “Amount” in Part B of the litigation report referenced at item 5 of Schedule 3 of the Disclosure Letter; (iii) in relation to any Claim in respect of an Agreed Litigation Matter, an amount of such Claim equal to the aggregate of: (A) the value attributed to such Agreed Litigation Matter in the column entitled “Amount” in Part B of the litigation report referred to at item 5 of Schedule 3 of the Disclosure Letter; and (B) the amount of any set off, counterclaim, deduction or retention against or in connection with any such Agreed Litigation Matter; (b) other than in relation to Claims in respect of Agreed Litigation Matters, the Seller shall not be liable in respect of any Claim unless the aggregate amount of damages resulting from any and all Claims (other than Claims in respect of Agreed Litigation Matters or Claims disregarded as contemplated by paragraph (a) oben) exceed in aggregate EUR 400,000, provided that the Seller shall be liable for the aggregate amount of all such Claims as agreed or determined and not just the excess; and (c) with the exception of claims for wilful deceit (arglistige Täuschung) and other intentional breaches of contract (vorsätzliche Vertragsverletzungen) which shall not be subject to any cap: (i) the maximum aggregate liability of the Seller in respect of all and any Claims relating to the Known VAT Risk shall not exceed EUR 1,000,000; the maximum aggregate liability of the Seller in respect of all Claims in respect of the Title and Capacity Warranties and all and any other Claims (other than any Claims relating to the Known VAT Risk) shall not exceed EUR 1,000,000 provided that such amount shall be increased by the amount of the ADP Payment Amount (if applicable) up to a maximum aggregate amount of ...

Financial Limits. (a) The Sellers shall have no obligation to indemnify the Buyer in respect of the indemnity contained in Clause 9.1(a) (but excluding any claim for any breach of the Fundamental Warranties which shall not be subject to any limitation under this Clause 9.3(a)) unless and until the Losses in connection with any single occurrence (or series of connected occurrences) giving rise to indemnification obligations under 9.1(a) exceed €500,000, and its Losses, in the aggregate, exceed €1,500,000 in which case the Sellers shall be liable for the whole amount and not just the excess over €1,500,000. (b) The aggregate amount of Losses for which payment is made by the Sellers in respect of the indemnities contained in Clause 9.1(a) (but excluding any claim for any breach of the Fundamental Warranties which shall not be limited other than as set out in Clause 9.3(d)), Clause 9.2(b) and the covenants under the Tax Deed (excluding the covenant at clause 2.1(d) of the Tax Deed which shall not be limited in amount) shall not exceed €100,000,000. (c) Where a claim relating to a breach of the Tax Warranties and/or to the covenants under the Tax Deed (excluding the covenant at clause 2.1(d) of the Tax Deed which shall not be limited in amount) is made on or after the second anniversary of the Closing Date but within the period permitted by Clause 9.4(b), the limitation in Clause 9.3(b) (exclusive of any claims notified but not then determined) shall be reduced to the lesser of (i) the outstanding maximum liability under Clause 9.3(b) and (ii) €50,000,000. (d) The aggregate amount of Losses for which payment is made by the Sellers in respect of a breach of the Fundamental Warranties shall not exceed the Purchase Price as finally determined. (e) There shall be no financial limitation in respect of the indemnity contained in Clause 9.1(b), Clause 9.2(a), or paragraph 6.1 of Schedule 3, or the covenant contained in clause 2.1(d) of the Tax Deed.

Financial Limits. The Chief Finance Officer will arrange for the budget for members allowances to be monitored to ensure that budgetary issues are reported to Members. (a) Increases in Allowances Basic Allowances as quoted will be updated for 2017/18 by any 2017/18 increases as agreed under the annual Local Government Pay Settlement of the Joint Negotiating Committee for Chief Officers of Local Authorities or its replacement under the local pay agreement. The amounts so calculated are to be rounded up to be divisible for payment purposes. The amended basic allowance will be found on the Internet once any annual % uplifts have been agreed. The Travelling and Subsistence allowances will be increased in line with the increase in officer rates.

Financial Limits. C14 Where there is only one UK location being considered for a project the financial limits are governed by EU State Aid rules. Where a potential investor is considering two or more locations in the UK the Concordat requires that the administrations involved will agree the appropriate level of financial support, subject always to compliance with State Aid rules. C15 Financial assistance to industry is an area which is subject to EU State Aid rules. In particular, the EU has certain powers under Articles 107and 108 of the Treaty on the Functioning of the European Union. As regards relations with the European Union, Ministers and officials of the devolved administrations will be fully involved in discussions within the UK Government about the formulation of the UK’s policy position on all issues which touch on financial assistance to industry. This will require mutual respect for the confidentiality of those discussions and adherence to the resultant UK line. All parties to the Concordat are covered and will abide by EU rules on state aid. C16 The UK Government commits itself to adequate consultation to a reasonable timescale with the devolved administrations on its dealings with the European Commission (and other European Union institutions as appropriate) on State Aids policy. By the same token, the devolved administrations undertake to maintain adequate consultation to a reasonable timescale with the UK Government on any measure which may require notification, and to respond within a reasonable timescale to enquiries received from the UK Government on actual or potential State aid measures or on consultation about new policy developments. C17 The designation of assisted areas, including related domestic legislation, is a reserved function and will remain the responsibility of the UK Government. There will, however, be adequate consultation to a reasonable timescale by the UK Government with the devolved administrations on the methodology and detail of any proposed revisions to the assisted areas map prior to putting proposals to the European Commission.

Financial Limits. 3.1 The liability of the Sellers under or in respect of any Warranty Claim, a Clause 10.7 Covenant Claim and, where applicable, a Tax Claim shall be limited as follows: (a) the Sellers shall not be liable in respect of, and there shall be disregarded for all purposes, any Warranty Claim (other than a Fundamental Warranty Claim) or Clause 10.7 Covenant Claim, unless the amount of the damages or payment (as the case may be) to which the Purchaser would, but for this subparagraph, be entitled as a result of that Warranty Claim or Clause 10.7 Covenant Claim (as the case may be) exceeds EUR 750,000 and for these purposes (x) multiple claims arising from a single cause of action or similar fact or circumstance shall not be considered to be separate Claims, and (y) any Clause 10.7 Covenant Claims arising under a subsection of clause 10.7 shall be aggregated with all other Clause 10.7 Covenant Claims arising under the same subsection of clause 10.7, but not with any Clause 10.7 Covenant Claim arising under any other subsection of clause 10.7; (b) the Sellers shall not be liable in respect of any Warranty Claim (other than a Fundamental Warranty Claim) or Clause 10.7 Covenant Claim except to the extent that the amount of damages resulting from any and all Warranty Claims and Clause 10.7 Covenant Claims (other than claims disregarded as contemplated by subparagraph (a) above) exceed in aggregate an amount equal to EUR 9,000,000 (the “Threshold”) and in the event the aggregate amount exceeds the Threshold, the Sellers shall only be liable for any amount in excess of the Threshold; and (c) the maximum aggregate liability of the Sellers in respect of: (i) any and all Warranty Claims (other than a Fundamental Warranty Claim or Tax Warranty Claim) and Clause 10.7 Covenant Claims, in the aggregate, shall not exceed an amount equal to 27.5% of the Consideration; and (ii) any and all Tax Claims shall not exceed an amount equal to 27.5% of the Consideration. For the avoidance of doubt, the liability of the Sellers under any other provision of this Agreement shall not be subject to any financial limits.

Financial Limits. Subject to clause 6.1.1, the liability of either party for Defaults shall be limited as stated below: (a) the liability of either party under the Contract for any one Default resulting in direct loss of or damage to tangible property of the other party or any series of connected Defaults resulting in or contributing to the loss of or damage to the tangible property of the other party shall not exceed the sum of £5,000,000 (five million pounds); (b) the aggregate liability of either party under the Contract for all Defaults, other than those governed by paragraph (a) above, shall not exceed the Contract Price.

Financial Limits. The maximum the Underwriter will pay for any claim under the various Sections of the Policy is: Section 3.1 Cover during the Construction Period Housing Unit or £100,000 whichever is the lesser.