Common use of Maximum Recovery Clause in Contracts

Maximum Recovery. Notwithstanding anything in this Agreement ---------------- to the contrary, in no event shall the Indemnifying Parties be liable in the case of the Company for indemnification under this Section 7 in an amount in excess of the aggregate of the purchase price paid for the Shares and the amounts advanced and not repaid under the Note or in the case of EIS for indemnification hereunder in an amount in excess of the Company's costs and expenses incurred in connection with the transactions contemplated hereby. 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.$50,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.

Maximum Recovery. Notwithstanding anything in this Agreement ---------------- to the contrary, in no event shall the Indemnifying Parties be liable liable, in the case of the Company Company, for indemnification under this Section 7 in an amount in excess of the aggregate of the purchase price paid for the Shares and Securities, including the amounts advanced and not repaid under the Note or Note, or, in the case of EIS EIS, for indemnification hereunder in an amount in excess of the Company's costs and expenses incurred in connection with the transactions contemplated hereby. 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.$50,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.

Maximum Recovery. Notwithstanding anything in this Agreement ---------------- to the contrary, in no event shall the Indemnifying Parties be liable in the case of the Company for indemnification under this Section 7 8 in an amount in excess of the aggregate of the purchase price paid for the Shares and the Warrant and the amounts advanced and not repaid under the Note or in the case of EIS for indemnification hereunder in an amount in excess of the Company's costs and expenses incurred in connection with the transactions contemplated herebysuch same aggregate. 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.$50,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 78.

Maximum Recovery. Notwithstanding anything in this Agreement ---------------- to the contrary, in no event shall the Indemnifying Parties be liable liable, in the case of the Company Company, for indemnification under this Section 7 in an amount in excess of the aggregate of the purchase price paid for the Shares and Securities, including the amounts advanced and not repaid under the Note or Note, or, in the case of EIS EIS, for indemnification hereunder in an amount in excess of the Company's costs and expenses incurred in connection with the transactions contemplated hereby. 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.$50,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.