Common use of Monetary Limitation Clause in Contracts

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. 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 Four Million Dollars ($5,000,0004,000,000) and then only for the excess over Five Four Million Dollars ($5,000,0004,000,000) (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 and Rights-of-Way Losses, which are addressed in Section Sections 15(l) and 15(m), respectively, below.

Monetary Limitation. No Buyer Indemnified Party shall have no any claim under 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 Five Six Million Dollars ($5,000,0006,000,000) and then only for the excess over Five Six Million Dollars ($5,000,0006,000,000) (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(j11(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, Section 11(b)(iii) or Section 11(b)(iv), Losses shall exclude Remediation Losses, which are addressed in Section 15(l) below.

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 Five Four Million Dollars ($5,000,0004,000,000) and then only for the excess over Five Four Million Dollars ($5,000,0004,000,000) (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 treated separately in Section 15(l) below).

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 Two Million Five Million Hundred Thousand Dollars ($5,000,0002,500,000) and then only for the excess over Two Million Five Million Hundred Thousand Dollars ($5,000,0002,500,000) (the "Threshold"); provided that Losses amounting to less than Two Hundred Thousand 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 and Rights-of-Way Losses, which are addressed in Section 15(l) and 15(m), respectively, below.

Monetary Limitation. Except as otherwise provided in this Agreement, 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 (excluding any expenditures pursuant to Section 5.3(b)(i)(B)) exceeds Five Million Dollars five million dollars ($5,000,000) and then only for the excess over Five Million Dollars five million dollars ($5,000,000) (the "“Threshold"”); provided that Losses amounting to less than Two Hundred Fifty Thousand Dollars four hundred thousand dollars ($250,000400,000) 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 four hundred thousand dollars ($250,000400,000) in the aggregate arising out of the same occurrence or matter. For purposes of this Section 15(j)8.11, Losses shall exclude Remediation Rights-of-Way Losses, which are addressed in Section 15(l) 8.13 below.