LIMITATIONS ON AMOUNT--SELLERS. Seller will have no liability for ------------------------------ indemnification or payment of Damages with respect to the matters described in clause (a) of Section 6.02 until the total of all Damages with respect to such matters exceeds Three Hundred Thousand Dollars ($300,000), and then only for the amount by which such Damages exceed Three Hundred Thousand Dollars ($300,000). Except as set forth below, Seller will have no obligation to indemnify Buyer under this Article VI for an aggregate amount in excess of twenty-five percent (25%) of the Purchase Price. However, no limitation set forth in this Section 6.06 will apply to: (i) any Breach of any of Sellers' representations and warranties of which Seller or any DASA employee who has material knowledge of the matters set forth herein as of the date hereof had Knowledge on the date on which such representation and warranty is made or any intentional Breach by Seller of any covenant or obligation or; (ii) any Breach of any representation or warranty made by Seller in Section 5.01(l) or any indemnity by Seller pursuant to Section 6.03 (other than a Breach or indemnity which relates solely to Current Sites); (iii) any breach by Seller of the representation and warranty made by Seller in Section 5.01(n)(6); or (iv) any indemnity by Seller pursuant to Section 6.02(e). In addition, none of the indemnities, liabilities, and obligations described in the immediately preceding sentence shall be included in the calculation of the aggregate cap on indemnity set forth in this Section 6.06. The limitations set forth in the first sentence of this Section 6.06 shall not apply to any indemnity claim pursuant to Sections 6.02(c) or 6.02(d).
LIMITATIONS ON AMOUNT--SELLERS. Sellers will have no liability (for indemnification or otherwise) with respect to the matters described in clause (a), clause (b), and clause (d) of Section 10.2 until the total of all Damages with respect to such matters exceeds $25,000 (CAD), and then only for the amount by which such Damages exceed $25,000 (CAD). However, this Section 10.6 will not apply to any Breach of any of Sellers’ representations and warranties of which either Seller had Knowledge at any time prior to the date on which such representation and warranty is made or any intentional Breach by either Seller of any covenant or obligation, and Sellers will be jointly and severally liable for all Damages with respect to such Breaches.
LIMITATIONS ON AMOUNT--SELLERS. (a) Sellers will have no liability (for indemnification or otherwise) with respect to the matters described in of Section 10.2 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.
LIMITATIONS ON AMOUNT--SELLERS. (a) Subject to Sections 10.5(c) and 10.5(d) each of the Persons (a "Seller") who collectively comprise the Sellers shall be severally but not jointly liable for all of Buyer's Damages caused by: (i) any fraud of such Seller; and (ii) any defect in title of such Seller to the Shares to be conveyed by such Seller pursuant hereto, including any Encumbrance thereon.
LIMITATIONS ON AMOUNT--SELLERS. (a) Sellers will have no liability (for indemnification or otherwise) with respect to the matters described in Section 7.2 and 7.3 until, and only to the extent that, the total of all Damages with respect to such matters exceeds $50,000, However, this Section 7.6 will not apply to any Breach of any of Sellers' representations and warranties of which either Seller had Knowledge at any time prior to the date on which such representation and warranty is made or any intentional Breach by either Seller of any covenant or obligation, and Sellers will be jointly and severally liable for all Damages with respect to such Breaches. In addition, this Section shall not apply to any claim brought under Sections 5.2, 5.3, 5.4, 5.5, 5.6, 5.10, 5.11, 8.1, and 8.5, an Employment Agreement or a Rights Agreement.
LIMITATIONS ON AMOUNT--SELLERS. From and after the Closing, Sellers shall have no liability (for indemnification or otherwise) with respect to claims under Section 11.2(a) until the total of all Damages with respect to such matters exceeds $150,000 in the aggregate and then only for the amount by which such Damages exceed $150,000; provided, however, that in no event shall Sellers’ aggregate liability (for indemnification or otherwise) with respect to claims under Section 11.2(a) exceed $35,000,000. Notwithstanding anything to the contrary herein, the limitations set forth in this Section 11.4 will not apply if the Closing does not occur or to a breach of any representation or warranty set forth in Section 3.1, 3.2, 3.7, 3.11(a) or 3.22.
LIMITATIONS ON AMOUNT--SELLERS. Sellers will have no liability (for indemnification or otherwise) with respect to the matters described in clause (a), (c) or, to the extent relating to any failure to perform or comply prior to the Closing Date, clause (b) of Sections 10.2 and 10.3 until the total of all Damages with respect to such matters exceeds One Thousand Dollars ($1,000.00), and then only for the amount by which such Damages exceed One Thousand Dollars ($1,000.00). However, this Section 10.6 will not apply to any Breach of any of Sellers' representations and warranties of which any Seller had Knowledge at any time prior to the date on which such representation and warranty is made or any intentional Breach by any Seller of any covenant or obligation. Notwithstanding anything in this Agreement to the contrary, no individual Seller shall be liable in an amount greater than the value of the Acquisition Price, allocated to Seller as set forth in Section 2.1(a) through (d). For purposes of this Section the value of the liabilities assumed under Section 2.1(d) shall be allocated among the Sellers in the same proportion as the aggregate compensation paid to each Seller as the Acquisition Price set forth in Sections 2.1(a) through (c). For purposes of this Section the term "value of the Acquisition Price" shall mean the aggregate values recorded in Sections 2.1(b) through (d) and the product of the number of shares recorded in Section 2.1(a) multiplied by Five Dollars and 08/100 ($5.08).
LIMITATIONS ON AMOUNT--SELLERS. Sellers shall have no liability or obligation to Buyer under this Agreement, except to the extent that the amount thereof exceeds $500,000 as to all events or occurrences in the aggregate. In addition, Sellers will have no liability for the amount by which the total monetary value of all Adverse Consequences or other claims or damages exceeds $1,500,000. Notwithstanding the foregoing, the limitations of this Section 11.5 will not apply to any fraud or any intentional misrepresentation by a Seller or any breach of a covenant herein or as provided under Section 5.10.
LIMITATIONS ON AMOUNT--SELLERS. Seller and Seller's Indemnifiers will have no liability (for indemnification or otherwise) with respect to the matters described in clause (a), clause (b) of Section 10.2 or, to the extent relating to any failure to perform or comply prior to the Closing Date, clause (c) of Section 10.2 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 $15,000. Seller and Seller's Indemnifiers will have no liability (for indemnification or otherwise) with respect to the matters described in clause (d) of Section 10.2 until the total of all Damages with respect to such matters exceeds $15,000, and then only for the amount by which such Damages exceed $5,000. However, this Section 10.6 will not apply to any Breach of any of Seller's representations and warranties of which Seller had Knowledge at any time prior to the date on which such representation and warranty is made or any intentional Breach by Seller of any covenant or obligation, and Seller and Seller's Indemnifiers will be severally pro rata to their individual interests liable for all Damages with respect to such Breaches.
LIMITATIONS ON AMOUNT--SELLERS. Except as otherwise provided herein, Sellers shall have no liability for indemnification with respect to claims under Section 10.01(i):
