Common use of Liability Thresholds Clause in Contracts

Liability Thresholds. Notwithstanding anything in this Article VIII to the contrary, indemnification with respect to Claims arising out of a breach of Seller's or Parent's representations and warranties or a breach of Purchaser's representations and warranties, or a breach by Seller or Parent of Section 5.11, shall not be available pursuant to this Article VIII unless and until the aggregate amount of indemnifiable Damages asserted against Seller and Parent, on the one hand, or Purchaser, on the other, as applicable, under this Article VIII equals or exceeds the Liability Threshold. Once the Liability Threshold for such Damages has been reached, the Indemnified Party shall be entitled to the benefit of the indemnity under this Article VIII for such Claims, subject to Section 8.06(c) hereof, only to the extent in excess of such Liability Threshold.

Liability Thresholds. Notwithstanding anything in this Article VIII to the contrary, indemnification with respect to Claims arising out of a breach of Seller's or Parent's representations and warranties or a breach of Purchaser's representations and warranties, or a breach by Seller or Parent of Section 5.115.09, shall not be available pursuant to this Article VIII unless and until the aggregate amount of indemnifiable Damages asserted against Seller and Parent, on the one hand, or Purchaser, on the other, as applicable, under this Article VIII equals or exceeds the Liability Threshold. Once the Liability Threshold for such Damages has been reached, the Indemnified Party shall be entitled to the benefit of the indemnity under this Article VIII for such Claims, subject to Section 8.06(c8.05(c) hereof, only to the extent in excess of such Liability Threshold.

Liability Thresholds. Notwithstanding anything in this Article VIII to the contrary, indemnification with respect to Claims arising out of a breach of Seller's ’s or Parent's ’s representations and warranties or a breach of Purchaser's ’s representations and warranties, or a breach by Seller or Parent of Section 5.11, shall not be available pursuant to this Article VIII unless and until the aggregate amount of indemnifiable Damages asserted against Seller and Parent, on the one hand, or Purchaser, on the other, as applicable, under this Article VIII equals or exceeds the Liability Threshold. Once the Liability Threshold for such Damages has been reached, the Indemnified Party shall be entitled to the benefit of the indemnity under this Article VIII for such Claims, subject to Section 8.06(c) hereof, only to the extent in excess of such Liability Threshold.

Liability Thresholds. Notwithstanding anything in this Article VIII to the contrary, indemnification with respect to Claims arising out of a breach of Seller's ’s or Parent's ’s representations and warranties or a breach of Purchaser's ’s representations and warranties, or a breach by Seller or Parent of Section 5.115.09, shall not be available pursuant to this Article VIII unless and until the aggregate amount of indemnifiable Damages asserted against Seller and Parent, on the one hand, or Purchaser, on the other, as applicable, under this Article VIII equals or exceeds the Liability Threshold. Once the Liability Threshold for such Damages has been reached, the Indemnified Party shall be entitled to the benefit of the indemnity under this Article VIII for such Claims, subject to Section 8.06(c8.05(c) hereof, only to the extent in excess of such Liability Threshold.