Common use of Limitations on Seller’s Indemnity Clause in Contracts

Limitations on Seller’s Indemnity. (i) Seller shall not be liable for any Loss described in Section 10.1(a)(i) until the aggregate of all such Losses for which Seller is liable are in excess of $250,000. Notwithstanding the foregoing, Seller shall not indemnify or hold Buyer or its Affiliates harmless against any such individual Loss unless such Loss exceeds Fifty Thousand Dollars ($50,000) and no such individual Loss of less than Fifty Thousand Dollars ($50,000) (exclusive of attorneys' fees) shall be considered in determining whether the aggregate Losses exceed the deductible set forth in the preceding sentence.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Imarx Therapeutics Inc), Asset Purchase Agreement (Imarx Therapeutics Inc), Asset Purchase Agreement (Imarx Therapeutics Inc)

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