Common use of Maximum Recovery Clause in Contracts

Maximum Recovery. Notwithstanding anything in this Agreement to the ---------------- contrary, in no event shall the Indemnifying Party be liable for indemnification under this Section 6 in an amount in excess of the aggregate of the purchase price paid for the Shares. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed U.S. $250,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 6.

Appears in 1 contract

Samples: Securities Purchase Agreement (Incara Pharmaceuticals Corp)

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Maximum Recovery. Notwithstanding anything in this Agreement to the ---------------- contrary, in no event shall the Indemnifying Party Parties be liable for indemnification under this Section 6 7 in an amount in excess of the aggregate of the purchase price paid for the Shares[**]. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed U.S. $250,000[**], but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 67.

Appears in 1 contract

Samples: Securities Purchase Agreement (Atrix Laboratories Inc)

Maximum Recovery. Notwithstanding anything in this Agreement to the ---------------- contrary, in no event shall the Indemnifying Party Parties be liable for indemnification under this Section 6 7 in an amount in excess of the aggregate of the purchase price paid for the SharesShares and the Warrant. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed U.S. $250,000[ ** ] , but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 67.

Appears in 1 contract

Samples: Securities Purchase Agreement (Generex Biotechnology Corp)

Maximum Recovery. Notwithstanding anything in this Agreement to the ---------------- contrary, in no event shall the Indemnifying Party be liable for indemnification under this Section 6 in an amount in excess of the aggregate of the purchase price paid for the Shares. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed U.S. $250,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 6.

Appears in 1 contract

Samples: Securities Purchase Agreement (Incara Pharmaceuticals Corp)

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Maximum Recovery. Notwithstanding anything in this Agreement to the ---------------- contrary, in no event shall the Indemnifying Party Parties be liable for indemnification under this Section 6 7 in an amount in excess of the aggregate of the purchase price paid for the Shares[**] . No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed U.S. $250,000[**] , but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 67.

Appears in 1 contract

Samples: Securities Purchase Agreement (Generex Biotechnology Corp)

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