Indemnification Deductible and Cap. Notwithstanding anything to the contrary in this Agreement, Seller shall not be required to provide indemnification to the Purchaser Indemnitees pursuant to Section 14.1 to the extent that the aggregate amount of all Losses incurred by the Purchaser Indemnitees for which Purchaser otherwise would be entitled to indemnification (i) does not exceed an amount equal to Fifty Thousand and No/100 Dollars ($50,000.00) (the “Indemnification Deductible”), or if such Losses in the aggregate exceed the Indemnification Deductible, Purchaser shall not be entitled to defense or indemnification for any amount up to the Indemnification Deductible, or (ii) exceeds Two Million and No/100 Dollars ($2,000,000.00) (the “Indemnification Cap”).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pebblebrook Hotel Trust)
Indemnification Deductible and Cap. Notwithstanding anything to the contrary in this Agreement, Seller shall not be required to provide indemnification to the Purchaser Indemnitees pursuant to Section 14.1 to the extent that the aggregate amount of all Losses incurred by the Purchaser Indemnitees for which Purchaser otherwise would be entitled to indemnification (i) does not exceed an amount equal to Fifty Seventy Five Thousand and No/100 Dollars ($50,000.0075,000.00) (the “Indemnification Deductible”), or if such Losses in the aggregate exceed the Indemnification Deductible, Purchaser shall not be entitled to defense or indemnification for any amount up to the Indemnification Deductible, or (ii) exceeds Two Million and No/100 Dollars ($2,000,000.00) (the “”Indemnification Cap”).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pebblebrook Hotel Trust)
Indemnification Deductible and Cap. Notwithstanding anything to the contrary in this Agreement, Seller shall be not be required to provide indemnification to the Purchaser Indemnitees pursuant to clause (i) of Section 14.1 15.2 to the extent that the aggregate amount of all Indemnification Losses incurred by the Purchaser Indemnitees for which Purchaser otherwise would be entitled to indemnification under clause (i) of Section 15.2 (A) does not exceed an amount equal to Fifty Thousand and No/100 no/100 Dollars ($50,000.00) (the “Indemnification Deductible”), or if such Indemnification Losses in the aggregate exceed the Indemnification Deductible, Purchaser shall not be entitled to defense or indemnification for any amount up to the Indemnification Deductible, or (iiB) exceeds Two One Million Five Hundred Thousand and No/100 no/100 Dollars ($2,000,000.001,500,000.00) (the “Indemnification Seller’s Liability Cap”).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Carey Watermark Investors Inc)
Indemnification Deductible and Cap. Notwithstanding anything to the contrary in this Agreement, Seller shall be not be required to provide indemnification to the Purchaser Indemnitees pursuant to clause (i) of Section 14.1 15.2 to the extent that the aggregate amount of all Indemnification Losses incurred by the Purchaser Indemnitees for which Purchaser otherwise would be entitled to indemnification under clause (i) of Section 15.2 (A) does not exceed an amount equal to Two Hundred Fifty Thousand and No/100 no/100 Dollars ($50,000.00250,000.00) (the “Indemnification Deductible”), or if such Indemnification Losses in the aggregate exceed the Indemnification Deductible, Purchaser shall not be entitled to defense or indemnification for any amount up to the Indemnification Deductible, or (iiB) exceeds Two Million and No/100 no/100 Dollars ($2,000,000.00) (the “Indemnification Cap”).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Highland Hospitality Corp)