Common use of Limitations on Adjustment Clause in Contracts

Limitations on Adjustment. Notwithstanding anything to the contrary, there shall not be any remedies provided by Parent for any Defect Amount unless all Defect Amounts in the aggregate (excluding any Defects cured by Parent or which it has elected to cure and the Cure Period has not expired with respect to such election) pursuant to this Agreement and pursuant to Article VII of the ARMC Purchase Agreement (with respect to “Defects,” “Defect Amounts” and “Cure Period” as defined therein) collectively exceed $250,000 (the “Defect Deductible”), after which point, Buyer shall be entitled to the remedies provided for in Section 7.3 only with respect to such Defects in excess of such Defect Deductible, and in no event shall Parent’s aggregate liabilities and obligations relating to Defects in accordance with this Article VII (including for purposes of this calculation, amounts spent by Parent to cure any Defect) and in accordance with Article VII of the ARMC Purchase Agreement (with respect to “Defects” as defined therein) collectively exceed $13,400,000 (the “Defect Cap”).

Limitations on Adjustment. Notwithstanding anything to the contrary, there shall not be any remedies provided by Parent Seller for any Defect Amount unless all Defect Amounts in the aggregate (excluding any Defects cured by Parent Seller or which it has elected to cure and the Cure Period has not expired with respect to such election) pursuant to this Agreement and pursuant to Article VII of the ARMC Centrahoma Purchase Agreement (with respect to “Defects,” “Defect Amounts” and “Cure Period” as defined therein) collectively exceed $250,000 (the “Defect Deductible”), after which point, Buyer shall be entitled to the remedies provided for in Section 7.3 only with respect to such Defects in excess of such Defect Deductible, and in no event shall ParentSeller’s aggregate liabilities and obligations relating to Defects in accordance with this Article VII (including for purposes of this calculation, amounts spent by Parent Seller to cure any Defect) and in accordance with Article VII of the ARMC Centrahoma Purchase Agreement (with respect to “Defects” as defined therein) collectively exceed $13,400,000 (the “Defect Cap”).