Monetary Limitation. The TIF Incentive in any year shall not exceed eighty percent (80%) of the Available Tax Increment for the Property.
Monetary Limitation. Buyer shall have no claim under this Agreement against Seller or any other member of the BP Group for any Losses unless and until the aggregate of all such Losses incurred or sustained by the Buyer Indemnified Parties exceeds Five Million Dollars ($5,000,000) and then only for the excess over Five Million Dollars ($5,000,000) (the "Threshold"); provided that Losses amounting to less than Two Hundred Fifty Thousand Dollars ($250,000) in the aggregate arising out of the same occurrence or matter shall not be aggregated with other Losses for purposes of determining whether and when the Threshold has been reached. After the Threshold has been reached, Seller shall have no obligation to indemnify the Buyer Indemnified Parties under this Agreement with respect to such matters for any Losses amounting to less than Two Hundred Fifty Thousand Dollars ($250,000) in the aggregate arising out of the same occurrence or matter. For purposes of this Section 15(j), Losses shall exclude Remediation Losses, which are addressed in Section 15(l) below.
Monetary Limitation. Nature and Survival; Time Limits........................................................43 9.5 COMPLIANCE WITH EXPRESS NEGLIGENCE RULE.................................................44 9.6 Limitation on Remedies; Mitigation......................................................44 9.7
Monetary Limitation. Notwithstanding anything to the contrary contained herein, (i) the liability of the Guarantor hereunder shall be limited to the lesser of: (a) the Credit Obligations; or (b) the sum of (x) Two Million Five Hundred Thousand Dollars ($2,500,000), plus (y) all costs and expenses (including reasonable attorneys' fees and disbursements) incurred by the Agent or Lenders in connection with the enforcement of their rights and remedies under this Guaranty; and
Monetary Limitation. The TIF Incentive in any year, exclusive of the Future Project Grant, and the TIF Incentive to DDL Holdings, LLC, as described in Section III. B. 4. of Development Agreement 17-02, shall not exceed sixty percent (60%) of the Available Tax Increment for the Property.
Monetary Limitation. A PARTY’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES CUSTOMER PAID TO VENDOR OVER THE PREVIOUS TWELVE CALENDAR MONTHS UNDER THE ORDER DOCUMENT OR WORK ORDER GIVING RISE TO THE LIABILITY, AND IF SUCH DAMAGES RESULT FROM CUSTOMER’S USE OF A PARTICULAR SERVICE, SUCH LIABILITY SHALL BE LIMITED TO THE FEES CUSTOMER PAID VENDOR OVER THE PREVIOUS TWELVE CALENDAR MONTHS FOR SUCH SERVICE. THE FOREGOING MAXIMUM LIABILITY LIMIT SHALL NOT APPLY TO (1) DAMAGES ARISING FROM DEATH OR PERSONAL INJURY; OR (2) UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION CAUSED BY A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (3) A PARTY’S INDEMNIFICATION OBLIGATIONS IN RELATION TO INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED UNDER THE AGREEMENT.
Monetary Limitation. As a material condition of VDI entering into this Agreement, and in regard to any causes of action arising out of or related to this Agreement including, but not limited to, claims of negligence, breach of contract or breach of warranty or otherwise, or any other claim whether in contract, tort or any other legal theory, AMCI agrees that the liability of VDI shall in no event exceed $20,000.00 Dispute Resolution and Court Settlement
Monetary Limitation. The Purchasers shall have no claim under Section 8.2(a) of this Agreement against the Company for any Losses unless and until the aggregate amount of all such Losses incurred or sustained by the Purchasers under Section 8.2(a) exceeds $250,000, at which time the Purchasers shall be entitled to claim reimbursement for all Losses incurred or sustained by the Purchasers under Section 8.2(a) relating back to the first dollar of such Losses. The Company's aggregate liability for indemnification pursuant to Sections 8.2(a) and 8.2(b) of this Agreement shall in no event exceed an amount equal to (a) the amount paid by the Purchasers on the Closing Date in exchange for Shares, plus (b) accrued but unpaid dividends on such Shares as of the date the Company makes its first payment in connection with its indemnification duties hereunder in connection with the applicable breach.
Monetary Limitation. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR MAXIMUM AGGREGATE MONETARY LIABILITY UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY AND INFRINGEMENT) SHALL NOT EXCEED SIX (6) TIMES THE MRC PAYABLE UNDER THE APPLICABLE SERVICE ORDER FORM(S) IN EFFECT AT THE TIME OF THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM.
Monetary Limitation. No Buyer Indemnified Party shall have any claim under this Agreement against Seller pursuant to Section 11(b)(ii) for any Losses unless and until the aggregate of all such Losses incurred or sustained by all Buyer Indemnified Parties exceeds Two Million Five Hundred Thousand Dollars ($2,500,000) and then only for the excess over Two Million Five Hundred Thousand Dollars ($2,500,000) (the “Threshold”); provided that Losses amounting to less than One Hundred Fifty Thousand Dollars ($150,000) (the “Mini-Basket”) in the aggregate arising out of the same occurrence or matter shall not be aggregated with other Losses for purposes of determining whether and when the Threshold has been reached. After the Threshold has been reached, Seller shall have no obligation to indemnify Buyer Indemnified Parties under this Agreement with respect to such matters for any such Losses amounting to less than the Mini-Basket in the aggregate arising out of the same occurrence or matter. Notwithstanding the preceding to the contrary, this Section 11(j) shall not be applicable with respect to Losses arising under Section 11(b)(ii) with respect to fraud or a breach of a Fundamental Representation or Section 4(c)(x) by Seller or Section 11(b)(iii).
