Common use of LIMITATIONS ON AMOUNT--BUYER Clause in Contracts

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a) until the total of all Damages with respect to such matters exceeds $500,000 and then only for the amount by which such Damages exceed $500,000. However, this Section 11.6 will not apply to claims under Section 11.4(b) through (e) or matters arising in respect of Section 4.4 or to any Breach of any of Buyer's representations and warranties of which Buyer had Knowledge at any time prior to the date on which such representation and warranty is made or any Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Asset Purchase Agreement (Allete Inc)

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LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a) until the total of all Damages with respect to such matters exceeds Two Hundred Thousand Dollars ($500,000 200,000) and then only for the amount by which such Damages exceed Two Hundred Thousand Dollars ($500,000200,000). However, this Section 11.6 will not apply to claims under Section Sections 11.4(b) through (e11.4(d) or matters arising in respect of Section 4.4 or to any Breach of any of Buyer's representations and warranties of which Buyer had Knowledge at any time prior to the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Asset Purchase Agreement (Tarpon Industries, Inc.)

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(athe matters described in CLAUSE (i) or (ii) of ARTICLE XI, SECTION 4 until the total of all Damages with respect to such matters exceeds Twenty-Five Thousand and no/100 Dollars ($500,000 25,000.00), and then only for the amount by which such Damages exceed Twenty-Five Thousand and no/100 Dollars ($500,00025,000.00). HoweverThis ARTICLE XI, this Section 11.6 SECTION 7 will not apply to claims under Section 11.4(b) through (e) or matters arising in respect of Section 4.4 or apply, however, to any Breach breach of any of Buyer's representations and warranties of which Buyer had Knowledge at any time prior to the date on which such representation and warranty is made or any Breach intentional breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breachesbreaches.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Iti Technologies Inc)

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a11.3(a) until the total of all Damages with respect to such matters exceeds exceed Two Hundred Thousand Dollars ($500,000 200,000) and then only for the amount by which such Damages exceed Two Hundred Thousand Dollars ($500,000200,000). However, this Section 11.6 11.5 will not apply to claims under Section 11.4(b11.3(b) through (e) or matters arising in respect of Section 4.4 (Brokers or Finders) or to any Breach of any of Buyer's ’s representations and warranties of which Buyer had Knowledge at any time prior to the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Asset Purchase Agreement (Schawk Inc)

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a12.4(a) until the total of all Damages with respect to such matters exceeds fifty-thousand dollars ($500,000 50,000) and then only for the amount by which such Damages exceed fifty-thousand dollars ($500,00050,000). However, this Section 11.6 12.6 will not apply to claims under Section 11.4(b12.4(b) through (e) or matters arising in respect of Section 4.4 Sections 4.4, 4.11, 4.12, or 4.20 or to any Breach of any of Buyer's representations and warranties of which Buyer had Knowledge at any time prior to the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Asset Purchase Agreement (MotivNation, Inc.)

LIMITATIONS ON AMOUNT--BUYER. The Buyer will have no liability (for indemnification or otherwise) with respect to claims under the matters described in Section 11.4(a10.4(a) until the total of all Damages with respect to such matters exceeds $500,000 and then only 100,000, after which the Buyer will be liable for the total of all Damages. The aggregate amount by of all Damages for breaches of representations and warranties for which such Damages Parent Seller shall be entitled to be indemnified under this Article X shall not exceed the sum of $500,0003,000,000. However, this Section 11.6 10.7 will not apply to claims under Section 11.4(b(a) through (e) or matters arising in respect of Section 4.4 or to any Breach of any of the Buyer's ’s representations and warranties of which the Buyer had Knowledge at any time prior to the date on which such representation and warranty is made or (b) any intentional Breach by the Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Measurement Specialties Inc)

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a8.3(a) until the total of all Damages with respect to such matters exceeds One Hundred Thousand dollars ($500,000 100,000) and then only for the amount by which such Damages exceed One Hundred Thousand dollars ($500,000100,000). However, this Section 11.6 8.5 will not apply to claims under Section 11.4(b8.3(b) through (ed) or matters arising in respect of Section 4.4 or to any Breach breach of any of Buyer's ’s representations and warranties of which Buyer had Knowledge at any time prior to the date on which such representation and warranty is made or any Breach intentional breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breachesbreaches.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nu Skin Enterprises Inc)

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LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a) until the total of all Damages with respect to such matters exceeds One Hundred thousand dollars ($500,000 100,000) and then only for the amount by which such Damages exceed One Hundred thousand dollars ($500,000100,000), up to a maximum of 50% of the Purchase Price in the aggregate. However, this Section 11.6 will not apply to claims under Section 11.4(b) through (ed) or matters arising in respect of Section 4.4 or to any Breach breach of any of Buyer's ’s representations and warranties of which Buyer had Knowledge knowledge at any time prior to the date on which such representation and warranty is made or any Breach intentional breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breachesbreaches.

Appears in 1 contract

Samples: Asset Purchase Agreement

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under the matters described in clause (a) or (b) of Section 11.4(a) 10.4 until the total of all Damages with respect to such matters exceeds Ten Thousand US Dollars ($500,000 10,000.00), and then only for the amount by which such Damages exceed Ten Thousand US Dollars ($500,00010,000.00). However, this Section 11.6 10.7 will not apply to claims under Section 11.4(b) through (e) or matters arising in respect of Section 4.4 or to any Breach of any of Buyer's representations and warranties of which Buyer had Knowledge at any time prior to the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Share Purchase Agreement (Global Gold Corp)

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a8.4(a) until the total of all Damages with respect to such matters exceeds Fourteen Thousand Two Hundred Fifty Dollars ($500,000 14,250) and then only for the amount by which such Damages exceed Fourteen Thousand Two Hundred Fifty Dollars ($500,00014,250). However, this Section 11.6 8.6 will not apply to claims under Section 11.4(b8.4(b) through (e) or matters arising in respect of Section 4.4 Sections 4.2, 4.5, 4.7, or to any Breach of any of Buyer's ’s representations and warranties of which Buyer had Knowledge at any time prior to the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Software License Agreement (On Site Sourcing Inc)

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