Common use of Limitations of Liability for Breach of Warranties Clause in Contracts

Limitations of Liability for Breach of Warranties. (i) Each Indemnifying Party shall (in all cases) only be liable for breach of Warranties to an Indemnified Party in respect of a claim if the aggregate amount of all claims for which the relevant Indemnifying Party would otherwise be liable under this Agreement to the relevant Indemnified Party exceeds € [****] (in which case, however, the relevant Indemnified Party shall be entitled to claim the total amount of such claims and not merely the excess above € [****]).

Appears in 1 contract

Samples: Quad Technology License Agreement (Evergreen Solar Inc)

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Limitations of Liability for Breach of Warranties. (ia) Each Indemnifying Party shall (in all cases) only be liable for breach of Warranties under Section 7.1 or 7.2 to an Indemnified Party in respect of a claim if the aggregate amount of all claims for which the relevant Indemnifying Party would otherwise be liable under this Agreement to the relevant Indemnified Party exceeds € [****] EUR 100,000.00 (in which case, however, the relevant Indemnified Party shall be entitled to claim the total amount of such claims and not merely the excess above € [****]said EUR 100,000.00).

Appears in 1 contract

Samples: Master Joint Venture Agreement (Evergreen Solar Inc)

Limitations of Liability for Breach of Warranties. (ia) Each Indemnifying Party shall (in all cases) only be liable for breach of Warranties under Article 6 to an Indemnified Party in respect of a claim if the aggregate amount of all claims for which the relevant Indemnifying Party would otherwise be liable under this Agreement to the relevant Indemnified Party exceeds EUR [****] (in which case, however, the relevant Indemnified Party shall be entitled to claim the total amount of such claims and not merely the excess above said EUR [****]).

Appears in 1 contract

Samples: Master Joint Venture Agreement (Evergreen Solar Inc)

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Limitations of Liability for Breach of Warranties. (ia) Each Indemnifying Party shall (in all cases) only be liable for breach of Warranties under Article 7 to an Indemnified Party in respect of a claim if the aggregate amount of all claims for which the relevant Indemnifying Party would otherwise be liable under this Agreement to the relevant Indemnified Party exceeds € [****] EUR 100,000.00 (in which case, however, the relevant Indemnified Party shall be entitled to claim the total amount of such claims and not merely the excess above € [****]said EUR 100,000.00).

Appears in 1 contract

Samples: Master Joint Venture Agreement (Evergreen Solar Inc)

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