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 8.3(a) until the total of all Damages with respect to such matters exceeds One Hundred Thousand dollars ($100,000) and then only for the amount by which such Damages exceed One Hundred Thousand dollars ($100,000). However, this Section 8.5 will not apply to claims under Section 8.3(b) through (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 (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 8.3(a11.4(a) until the total of all Damages with respect to such matters exceeds One Two Hundred Thousand dollars Dollars ($100,000200,000) and then only for the amount by which such Damages exceed One Two Hundred Thousand dollars Dollars ($100,000200,000). However, this Section 8.5 11.6 will not apply to claims under Section 8.3(bSections 11.4(b) through (d11.4(d) 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 intentional breach 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 (Tarpon Industries, Inc.)

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 8.3(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 One Hundred Twenty-Five Thousand dollars and no/100 Dollars ($100,000) 25,000.00), and then only for the amount by which such Damages exceed One Hundred Twenty-Five Thousand dollars and no/100 Dollars ($100,00025,000.00). HoweverThis ARTICLE XI, this Section 8.5 SECTION 7 will not apply to claims under Section 8.3(b) through (d) or matters arising in respect of Section 4.4 or apply, however, 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: 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 8.3(a12.4(a) until the total of all Damages with respect to such matters exceeds One Hundred Thousand fifty-thousand dollars ($100,00050,000) and then only for the amount by which such Damages exceed One Hundred Thousand fifty-thousand dollars ($100,00050,000). However, this Section 8.5 12.6 will not apply to claims under Section 8.3(b12.4(b) through (de) or matters arising in respect of Section 4.4 Sections 4.4, 4.11, 4.12, or 4.20 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 intentional breach 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 (MotivNation, Inc.)

LIMITATIONS ON AMOUNT--BUYER. (a) Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 8.3(a) the matters described in this Agreement until the total of all Damages with respect to such matters exceeds One Hundred Thousand dollars $50,000.00, but then for all Damages if such exceeds $50,000.00. Notwithstanding anything contained herein to the contrary, the aggregate liability of Buyer for all Damages with regard to this Agreement shall be. limited to $2,000,000.00. ($100,000b) and then only for the amount by which such Damages exceed One Hundred Thousand dollars ($100,000). However, this Section 8.5 11.6 will not apply to claims under Section 8.3(b) through (d) or matters arising in respect of Section 4.4 or to any breach Breach of any of Buyer’s representations 's representation 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 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 (Allis Chalmers Corp)

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LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 8.3(a11.4(a) until the total of all Damages with respect to such matters exceeds One Hundred Thousand thousand dollars ($100,000) and then only for the amount by which such Damages exceed One Hundred Thousand thousand dollars ($100,000), up to a maximum of 50% of the Purchase Price in the aggregate. However, this Section 8.5 11.6 will not apply to claims under Section 8.3(b11.4(b) through (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 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

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 8.3(a11.4(a) until the total of all Damages with respect to such matters exceeds One Hundred Five Thousand dollars Dollars ($100,0005,000) and then only for the amount by which such Damages exceed One Hundred Five Thousand dollars Dollars ($100,0005,000). However, this Section 8.5 11.6 will not apply to claims under Section 8.3(b11.4(b) through (d) 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 intentional breach 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 (Secured Diversified Investment LTD)

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