Common use of Maximum Recovery Clause in Contracts

Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Company be liable for indemnification under this Section 6, in an amount in excess of the sum of [omitted] and any accrued and unpaid dividends on the Preferred Stock, in the aggregate. No Indemnified Party shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Party, when aggregated with all previous Losses indemnifiable hereunder, equal or exceed $50,000; thereafter, each Indemnified Person shall be entitled to be indemnified for the full amount of all damages previously unclaimed.

Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Company Indemnifying Party be liable for indemnification under this Section 6, 6 in an amount in excess of the sum aggregate of [omitted] and any accrued and unpaid dividends on the Preferred Stock, in purchase price paid for the aggregateShares. No Indemnified Party Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified PartyPerson, when aggregated with all previous Losses indemnifiable hereunder, equal or exceed U.S. $50,000; thereafter250,000, each but at such time that an Indemnified Person shall be is entitled to be indemnified for the full amount of assert a claim, such claim shall include all damages previously unclaimedLosses covered by this Section 6.

Maximum Recovery. Notwithstanding anything in this Agreement to the ---------------- contrary, in no event shall the Company Indemnifying Party be liable for indemnification under this Section 6, 6 in an amount in excess of the sum aggregate of [omitted] and any accrued and unpaid dividends on the Preferred Stock, in purchase price paid for the aggregateShares. No Indemnified Party Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified PartyPerson, when aggregated with all previous Losses indemnifiable hereunder, equal or exceed U.S. $50,000; thereafter250,000, each but at such time that an Indemnified Person shall be is entitled to be indemnified for the full amount of assert a claim, such claim shall include all damages previously unclaimedLosses covered by this Section 6.