Limit on Indemnities. Notwithstanding any other provision hereof, the rights of any party to be indemnified shall be subject to the following limitations:
Limit on Indemnities. (a) Notwithstanding any other provision hereof, an indemnifying party shall not be liable under this Article 9 or Exhibit H for any losses sustained by the indemnified party with respect to a Facility unless and until the aggregate amount of all such losses sustained by the indemnified party with respect to that Facility (including any amount for which the indemnifying party may become liable to provide indemnification pursuant to Section 4.4), shall exceed $30,000, in which event the indemnifying party shall be liable only for such losses in excess of $30,000 (it being the intention of the parties that losses sustained by a party with respect to one Facility shall not be combined with losses sustained with respect to another Facility to satisfy such minimum $30,000 amount). The minimum $30,000 amount shall not apply to amounts which one party may be required to pay to the other under Sections 2.4, 3.2, 4.1(g), 4.1(h), 4.6 and 10.1 of this Agreement or other provisions dealing with customary and foreseeable post-closing adjustments. In no event shall the aggregate losses for which the Seller may be liable under this Article 9 or Section 4.4 or any other basis exceed the amount of $5,000,000. IN ADDITION, THE INDEMNIFYING PARTY SHALL HAVE NO OBLIGATIONS UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL LIABILITY, DAMAGE OR LOSS OF THE INDEMNIFIED PARTY THAT THE INDEMNIFIED PARTY MAY SUFFER. -58- -------------------------------------------------------------------------------- BRANCH PURCHASE AGREEMENT
Limit on Indemnities. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, THE PARTIES SHALL HAVE NO OBLIGATIONS UNDER THIS AGREEMENT FOR ANY SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LIABILITY, DAMAGE OR LOSS OF THE INDEMNIFIED PARTY THAT THE INDEMNIFIED PARTY MAY SUFFER, PROVIDED, HOWEVER, THAT THE LIMITATION ON INDEMNIFICATION SHALL NOT PROHIBIT INDEMNIFICATION FOR SUCH DAMAGES TO THE EXTENT THAT SUCH CLAIM IS ORIGINALLY ASSERTED BY A THIRD PARTY.
Limit on Indemnities. 4.1. For wrongful arrest of any person or persons entering, attempting to enter or having entered the Premises the limit of Supplier’s indemnity is £25,000 any one incident.
Limit on Indemnities. (a) Notwithstanding any other provision hereof, an indemnifying party shall not be liable under this Article 9 for any losses described in --------- Section 9.2(i) or (iii) in the case of Seller and described in Section -------------- ------- 9.3(i) in the case of Buyer sustained by the indemnified party unless and ------ until the aggregate amount of all such losses sustained by the indemnified party shall exceed $25,000, in which event the indemnifying party shall be liable only for such losses in excess of $25,000. An indemnifying party shall not be liable under this Article 9 for any settlement effected by the --------- other party, without its consent, of any claim or liability or proceeding for which indemnity may be sought hereunder. In no event shall the losses for which an indemnifying party may be liable hereunder exceed the amount of the Initial Base Amount. IN ADDITION, THE PARTIES SHALL HAVE NO OBLIGATIONS UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL LIABILITY, DAMAGE OR LOSS OF THE INDEMNIFIED PARTY THAT THE INDEMNIFIED PARTY MAY SUFFER.
Limit on Indemnities. (a) Notwithstanding anything to the contrary contained in this Section 6, --------- the liability of the Seller and Buyer pursuant to this Section 6 will --------- terminate two years after the Closing Date except in respect of any claim made by any indemnified Party pursuant to this Section 6 in --------- respect of which notice is given by the Buyer and Seller prior to such date.
Limit on Indemnities. (a) Notwithstanding any other provision hereof, an indemnifying party shall not be liable under this Article 9 for any losses sustained by the indemnified party with respect to the Branches unless and until the aggregate amount of all such losses sustained by the indemnified party with respect to the Branches shall exceed $10,000, in which event the indemnifying party shall be liable only for such losses in excess of $10,000. The minimum $10,000 amount shall not apply to amounts which one party may be required to pay to the other under Sections 3.2, 4.1(g), 4.1(h) and 10.1 of this Agreement or other provisions dealing with customary and foreseeable post-closing adjustments.
Limit on Indemnities. 21 ARTICLE 10 TAXES.....................................................................................22
Limit on Indemnities. (a) Notwithstanding any other provision hereof, an indemnifying party shall not be liable under this Article 11 for any losses sustained by the indemnified party unless and until the aggregate amount of all such losses sustained by the indemnified party shall exceed $100,000 in the aggregate, in which event the indemnifying party shall be liable only for such losses in excess of $100,000. An indemnifying party shall not be liable under this Article 11 for any settlement effected by the other party, without its consent, of any claim or liability or proceeding for which indemnity may be sought hereunder. In no event shall the losses for which an indemnifying party may be liable hereunder exceed the amount of the Initial Base Amount. IN ADDITION, THE PARTIES SHALL HAVE NO OBLIGATIONS UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL LIABILITY, DAMAGE OR LOSS OF THE INDEMNIFIED PARTY THAT THE INDEMNIFIED PARTY MAY SUFFER.
Limit on Indemnities. The foregoing indemnities shall not apply to the extent that such losses, expenses, claims, actions, damages or liabilities to which the Indemnified Party may be subject were caused by the gross negligence, fraud or wilful misconduct of an Indemnified Party. This limitation shall however not apply in respect of matters that have been fully delegated to PEOC, or are otherwise the responsibility of PEOC and do not involve any act or omission of the Trustee. The Trustee shall have no liability in respect of any actions taken by PEOC in its capacity as agent of the Trustee.
