Common use of Limitations on Amount--Seller Clause in Contracts

Limitations on Amount--Seller. Seller will have no liability (for indemnification or otherwise) with respect to the matters described in Section 9.2 until the total of all Damages with respect to such matters exceeds $25,000, and then only for the amount by which such Damages exceed $25,000.

Appears in 1 contract

Samples: Asset Purchase Agreement (Newcare Health Corp)

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Limitations on Amount--Seller. Seller will shall have no liability (for indemnification or otherwise) with respect to the matters described in Section 9.2 claims made by Buyer against Seller under this Agreement until the total of all Damages with respect to such matters exceeds $25,000, 25,000 and then only for the amount by which such Damages exceed $25,000.

Appears in 1 contract

Samples: Asset Purchase Agreement (Golden Eagle International Inc)

Limitations on Amount--Seller. Seller will shall have no liability (for indemnification or otherwise) with respect to the matters described in claims under Section 9.2 10.2(a) until the total of all Damages with respect to such matters exceeds $25,000, 200,000.00 and then only for the amount by which such Damages exceed $25,000200,000.00. Except for any fraud, willful misrepresentation, intentional Breach or the Breach of the representation contained in Sections 3.8, 3.13, 3.15 and 3.21, Seller's liability for Damages shall not exceed 50% of the Purchase Price.

Appears in 1 contract

Samples: Asset Purchase Agreement (Astec Industries Inc)

Limitations on Amount--Seller. Seller will shall have no liability (for indemnification or otherwise) with respect to the matters described in Section 9.2 13.2(a), 13.2(b) or 13.2(d) until the total of all Damages with respect to such matters exceeds $25,00040,000, and then only for the amount by which such Damages exceed $25,00040,000. However, this limitation will not apply to any Breach of Section 4.4(a), and Seller shall be liable for all Damages with respect to such Breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Calloways Nursery Inc)

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Limitations on Amount--Seller. Notwithstanding anything to the contrary set forth in this Agreement, Seller will shall have no liability (for indemnification or otherwise) with respect to the matters described in claims under Section 9.2 11.2(a) until the total of all Damages with respect to such matters exceeds $25,000, 500,000 (the “Threshold”) and then only for the amount by which such Damages exceed such amount, but in no event shall such liability exceed an aggregate maximum of $25,0005,250,000 (the “Cap”).

Appears in 1 contract

Samples: Purchase Agreement (Russ Berrie & Co Inc)

Limitations on Amount--Seller. Seller will have no liability (for indemnification or otherwise) with respect to the matters described in Section 9.2 Sections 6.2(a)(i), (ii) and (iii) until the total of all Damages damages with respect to such matters exceeds $25,000300,000, and provided that if such damages exceed $300,000 then only Seller shall be liable for the amount by which such Damages exceed initial $25,000300,000 as well.

Appears in 1 contract

Samples: Asset Purchase Agreement (Liberty Livewire Corp)

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