Common use of Monetary Limitation Clause in Contracts

Monetary Limitation. Buyer Indemnified Parties shall have no claim under Section 15(b)(i)-(iii) of 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 Four Million Dollars ($4,000,000) and then only for the excess over Four Million Dollars ($4,000,000) (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 treated separately in Section 15(l).

Monetary Limitation. No Buyer Indemnified Parties Party shall have no any claim under Section 15(b)(i)-(iii) of this Agreement against Seller or any other member of the BP Group pursuant to Section 11(b)(ii) for any Losses unless and until the aggregate of all such Losses incurred or sustained by the all Buyer Indemnified Parties exceeds Four Two Million Five Hundred Thousand Dollars ($4,000,0002,500,000) and then only for the excess over Four Two Million Five Hundred Thousand Dollars ($4,000,0002,500,000) (the "“Threshold"”); provided that Losses amounting to less than Two One Hundred Fifty Thousand Dollars ($250,000150,000) (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 the Buyer Indemnified Parties under this Agreement with respect to such matters for any such Losses amounting to less than Two Hundred Fifty Thousand Dollars ($250,000) the Mini-Basket in the aggregate arising out of the same occurrence or matter. For purposes of Notwithstanding the preceding to the contrary, this Section 15(j), 11(j) shall not be applicable with respect to Losses shall exclude Remediation Losses, which are treated separately in arising under Section 15(l11(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).

Monetary Limitation. The Buyer Indemnified Parties shall have no claim under Section 15(b)(i)-(iii16.B.(ii)(y) or (except in the circumstances described in the following sentence) under 16.B.(ii)(x) with respect to a breach of this Agreement Section 11.B. 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 Four Three Million Five Hundred Thousand Dollars ($4,000,0003,500,000.00) and then only for the excess over Four Three Million Five Hundred Thousand Dollars ($4,000,0003,500,000.00) (the "Threshold"); provided that Losses amounting . Claims under Section 16.B.(ii)(x) with respect to less than Two Hundred Fifty Thousand Dollars ($250,000) in the aggregate arising out a breach of the same occurrence or matter Section 11.B. shall not be aggregated with other Losses subject to or be counted for purposes of determining whether and when the Threshold has been reachedpreceding sentence if Seller had knowledge of the action to be taken resulting in the breach, in which event the limitation in the preceding sentence shall not apply. After the Threshold has been reached, Seller shall have no obligation to indemnify Indemnify the Buyer Indemnified Parties under this Agreement Section 16 with respect to such matters subject to the limitations contained in the first sentence of this Section 16.H for any Losses amounting to less than Two Hundred Fifty Thousand Dollars ($250,00050,000.00) in the aggregate arising out of the same occurrence or matter. For purposes of The monetary limitations in this Section 15(j), Losses shall exclude Remediation Losses, which are treated separately in Section 15(l)16.

Monetary Limitation. No Buyer Indemnified Parties Party shall have no any claim under Section 15(b)(i)-(iii) of this Agreement against Seller or any other member of the BP Group pursuant to Section 11(b)(ii) for any Losses unless and until the aggregate of all such Losses incurred or sustained by the all Buyer Indemnified Parties exceeds Four Six Million Dollars ($4,000,0006,000,000) and then only for the excess over Four Six Million Dollars ($4,000,0006,000,000) (the "“Threshold"”); provided that Losses amounting to less than Two One Hundred Fifty Thousand Dollars ($250,000150,000) (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 the Buyer Indemnified Parties under this Agreement with respect to such matters for any such Losses amounting to less than Two Hundred Fifty Thousand Dollars ($250,000) the Mini-Basket in the aggregate arising out of the same occurrence or matter. For purposes of Notwithstanding the preceding to the contrary, this Section 15(j)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, Losses shall exclude Remediation Losses, which are treated separately in Section 15(l11(b)(iii) or Section 11(b)(iv).

Monetary Limitation. The Buyer Indemnified Parties shall have no claim under Section 15(b)(i)-(iii16.B.(ii)(y) or (except in the circumstances described in the following sentence) under Section 16.B.(ii)(x) with respect to a breach of this Agreement Section 11.B. 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 Four Three Million Five Hundred Thousand Dollars ($4,000,0003,500,000.00) and then only for the excess over Four Three Million Five Hundred Thousand Dollars ($4,000,0003,500,000.00) (the "Threshold"); provided that Losses amounting . Claims under Section 16.B.(ii)(x) with respect to less than Two Hundred Fifty Thousand Dollars ($250,000) in the aggregate arising out a breach of the same occurrence or matter Section 11.B. shall not be aggregated with other Losses subject to or be counted for purposes of determining whether and when the Threshold has been reachedpreceding sentence if Seller had knowledge of the action to be taken resulting in the breach, in which event the limitation in the preceding sentence shall not apply. After the Threshold has been reached, Seller shall have no obligation to indemnify Indemnify the Buyer Indemnified Parties under this Agreement Section 16. with respect to such matters subject to the limitations contained in the first sentence of this Section 16.H. for any Losses amounting to less than Two Hundred Fifty Thousand Dollars ($250,00050,000.00) in the aggregate arising out of the same occurrence or matter. For purposes of The monetary limitations in this Section 15(j), Losses shall exclude Remediation Losses, which are treated separately in Section 15(l)16.