Financial Limits. Subject to Clause 40.1 (Unlimited Liability), the Supplier’s total aggregate liability: in respect of all: Service Credits; and Compensation for Critical Service Level Failure; incurred in any rolling period of 12 Months 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 [one million pounds (£1,000,000)] and a sum equal to [one hundred and fifty per cent (150%)] 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 [one million pounds (£1,000,000)] in each such Call Off Contract Year and a sum equal to [one hundred and fifty percent (150%)] 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 [one million pounds (£1,000,000)] in each such Call Off Contract Year and a sum equal to [one hundred and fifty percent (150%)] 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. Subject to Clauses 40.1 (Unlimited Liability) and 40.2 (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 occurring from the Call Off Commencement Date to the end of the first Call Off Contract Year, a sum equal to the Estimated Year 1 Call Off Contract Charges; in relation to any Customer Causes occurring in each subsequent Call Off Contract Year that commences during the remainder of the Call Off Contract Period, a sum equal to 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 Customer Causes occurring in each Call Off Contract Year that commences after ...
Financial Limits. 2.1 Subject to paragraphs 2.2 and 2.3 of this Schedule 5, the maximum aggregate liability of the Sellers in respect of all Claims (other than Indemnity Claims) shall not exceed £125,000,
2.2 The maximum aggregate liability of the Sellers in respect of all Claims (other than Indemnity Claims) recoverable by the Buyer under the Warranty and Indemnity Insurance Policy shall not exceed £62,500.
2.3 Where the loss or liability to the Buyer or the Company in respect of all claims for breach of the Fundamental Warranties exceeds £15,000,000 (“Excess”), the Sellers shall be liable for the Excess only and subject to a maximum aggregate liability of the aggregate sum of the Consideration less £15,000,000.
2.4 The maximum aggregate liability of the Sellers in respect of an Indemnity Claim pursuant to clause 6.1.1 shall not exceed £100,000.
2.5 The maximum aggregate liability of the Sellers in respect of an Indemnity Claim pursuant to clause 6.1.2 shall not exceed £200,000.
2.6 The Sellers shall not be liable for a Claim (other than a Covenant Claim and an Indemnity Claim) unless the amount of such Claim, when aggregated with other Claims based on the same facts, exceeds £50,000 in respect of any single item (in which event the Buyer shall be entitled to claim the whole of the amount thereof and not merely the excess).
2.7 The amount of the liability of a Seller for any Claim shall not exceed the amount of such Seller’s Relevant Seller Proportion of the Claim.
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. 2.1 No Seller shall be liable in respect of any single Claim (other than Claims in relation to the Title Warranties) unless the aggregate liability of the Sellers pursuant to such Claim or series of Claims arising from the same set of facts or circumstances (excluding any liability in respect of the costs and expenses incurred in association with that Claim) exceeds €300,000.
2.2 No Seller shall be liable in respect of any single Non-Tax Claim (other than Claims in relation to the Title Warranties) unless the aggregate amount of the liability of that Seller for all Claims not excluded by paragraph 2.1 exceeds €4,250,000, and then shall only be liable for the excess over €4,250,000.
2.3 The aggregate liability of each Seller in respect of any and all Claims (and any claim under clause 5 and clause 8.8) shall be limited to and shall in no event exceed an amount equal to the Consideration received by it.
2.4 The aggregate liability of each Seller in respect of any and all Warranty Claims shall be limited to and shall in no event exceed an amount equal to 20 percent of the Consideration received by it.
2.5 Except in relation to a Tax Covenant Claim (in respect of which the proportionate liabilities of the Sellers shall be determined in accordance with Schedule 6), subject to paragraphs 2.1 to 2.4 above and taking into consideration the effects of paragraphs 1.3 and 1.4 above, where:
(a) both Sellers are liable (or potentially liable) in respect of a Claim (or a claim under clause 5 or clause 8.8) the liability of each Seller shall not exceed its Relevant Proportion of such claim; and
(b) one Seller is solely liable (or potentially liable) in respect of a Claim (or a claim under clause 5 or clause 8.8), the relevant Seller shall be liable in respect of the entirety of such claim without reduction by reference to its Relevant Proportion.
2.6 ITI shall be solely responsible for any claims under this agreement which relate to the transfer of additional shares in TVN to N-Vision and/or any allotment of additional shares in N-Vision to ITI referred to in clause 6.2(e) (and, notwithstanding any other provision of this agreement, GC+ shall have no liability in relation to any such claim).
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.
