Common use of Limitation of Compost's Liability Clause in Contracts

Limitation of Compost's Liability. (a) Notwithstanding anything to the contrary contained in this Agreement, except (i) for the aggregate liability of Compost for any event or occurrence giving rise to Compost being required to indemnify Purchaser Indemnified Parties pursuant to Section 10.1(i)(f) of this Agreement (and Section 10.1(ii) as it relates to Section 10.1(i)(f)) which shall be unlimited, (ii) as provided in Sections 7.4(b) and 9.2 of this Agreement, and (iii) for claims of fraud or willful misconduct, the sole remedy of the Purchaser for any breach or violation under this Agreement shall be limited to the rights of the Purchaser Indemnified Parties under this Article X and under the Earnout Agreement, and the aggregate liability for all events or occurrences giving rise to Compost being required to indemnify the Purchaser Indemnified Parties pursuant to Section 10.1 (together with Compost's exposure in the maximum amount of $5,000,000 for the Company's failure to satisfy the EBITDA targets under the Earnout Agreement) shall be limited to $9,000,000.