Monetary Limits. 8.3.1. Loss of or damage to the Goods The provisions of Art. 7.3. notwithstanding, the Freight Forwarder shall not be or become liable for any loss of or damage to the Goods in an amount exceeding the equivalent of 2 SDR per kilogram of gross weight of the Goods lost or damaged unless a larger amount is recovered from a person for whom the Freight Forwarder is responsible. If the Goods have not been delivered within ninety consecutive days after the date when the Goods ought to have been delivered, the claimant may, in the absence of evidence to the contrary, treat the Goods as lost.
Monetary Limits. If the monetary limits of insurance required hereunder or of the indemnity voluntarily assumed under this Section 20 which will be supported either by equal liability insurance or voluntarily self-insured, in part or whole, exceeds the maximum limits permitted under Applicable Law, the Parties agree such insurance requirements or indemnity shall automatically be amended to conform to the maximum monetary limits permitted under such Applicable Law.
Monetary Limits. 1.1 The Seller is not liable in respect of a Warranty Claim unless the amount that would otherwise be recoverable from the Seller (but for this paragraph 1.1) in respect of that Warranty Claim exceeds US$ 100,000.
1.2 The Seller is not liable in respect of a Warranty Claim unless and until the amount that would otherwise be recoverable from the Seller (but for this paragraph 1.2) in respect of that Warranty Claim, when aggregated with any other amount or amounts recoverable in respect of other Warranty Claims (excluding any amounts in respect of a Warranty Claim for which the Seller has no liability because of paragraph 1.1), exceeds US$ 1,000,000, in which case the Purchaser shall be entitled to recover the entire amount and not merely the excess.
1.3 The Seller’s total Liability in respect of all Warranty Claims, other than Fundamental Warranty Claims and Tax Claims, is limited to 15% (fifteen percent) of the Purchase Price.
1.4 The maximum aggregate Liability of the Seller under this Agreement shall be an amount equal to the Purchase Price.
Monetary Limits. It is the intent that the monetary limits set forth in various sections of the Accounting Procedure shall be reviewed and adjusted from time to time by agreement of all the Parties in order to be in accordance with changes in prices and operating conditions.
Monetary Limits. 2.1 With respect to Claims for breach of, or inaccuracy in, the Warranties (other than Fundamental Warranties, Tax Claims or Specified Excluded Liability Warranty Claims) under this Agreement, such Claims shall be limited as follows:
2.1.1 the Purchaser Indemnitees shall not be entitled to recover any amount in respect of any Claim (or series of related Claims) brought under the Warranties unless the aggregate amount to which the Purchaser Indemnitees would otherwise be entitled in respect of such Claim (or series of related Claims) equals or exceeds EUR 75,000 (seventy-five thousand Euros) (the "Claim Threshold");
2.1.2 the Purchaser Indemnitees shall not be entitled to recover any amount in respect of any Claim (or series of related Claims) brought under the Warranties unless the aggregate amount to which the Purchaser Indemnitees would, subject to such Claim (or series of related Claims) meeting the Claim Threshold, otherwise be entitled exceeds EUR 1,000,000 (one million Euros), in which case the Purchaser shall be entitled to recover the entire amount of such Damages;
2.1.3 taking into account all other Claims under the Warranties, the maximum aggregate liability of the Seller for the Warranties shall be an aggregate amount equal to EUR 30,000,000 (thirty million Euros), provided that the Purchaser shall be entitled to freely elect at any time whether to satisfy a Claim wholly or partially in cash or by set-off in accordance with Clause 31.
2.2 Notwithstanding any other provision of this Agreement to the contrary, for the purpose of determining whether any breach of or inaccuracy in any Warranty has occurred and/or the Damages arising from, or in connection with, such breach or inaccuracy, any limitation or qualification as to "materiality" or "Material Adverse Effect" set forth in such Warranty shall be disregarded.
Monetary Limits. 16.9.1 Subject to clauses 16.9.2 to 16.9.5 the Vendor is not liable to the Purchaser for any Claim or series of Claims unless the amount finally adjudicated or agreed as being payable in respect of the Claim exceeds $10,000.
16.9.2 The maximum amount which the Purchaser may recover from the Vendor in respect of a Claim relating to an item of Plant and Equipment is the Liquidation Value for that item of Plant and Equipment.
16.9.3 The Vendor is only liable to the Purchaser for amounts by which Claims adjudicated or agreed under clause 16.9.1 exceed $100,000 in aggregate.
16.9.4 Subject to clause 16.9.5, the maximum aggregate which the Purchaser may recover from the Vendor in respect of all Claims is 30% of the Purchase Price for the Business Assets.
16.9.5 The Purchaser may not, in respect of a Claim, recover from the Vendor any proceeds (including, but not limited to, damages and any amounts referable to the damage or destruction of the Excluded Assets) of the Vendor’s insurance claims in respect of the Excluded Assets.
Monetary Limits. 3.1 The aggregate amount of the liability of the Company in respect of the aggregate of all Claims shall not exceed an amount equal to fifty percent (50%) of the Subscription Monies.
3.2 The Company shall not have any liability whatsoever in respect of any Claim unless:
(a) the liability of the Company in respect of an individual Claim (or series of related Claims with respect to related facts or circumstances) exceeds HK$1,000,000 (excluding interest and costs) (such Claim, a “Qualifying Claim”); and
(b) until the aggregate amount of the liability of the Company for all such Qualifying Claims exceeds HK$30,000,000 (in which event the Company shall be liable for the amount of all the Qualifying Claims and not just the excess).
Monetary Limits. 8.3.1. Loss of or damage to the Goods Th provisions of Art. 7.3. notwithstanding, the Freight Forwarder shall not be or become liable for any loss of or damage to the Goods in an amount exceeding the equivalent of USDollars Three per kilogram of gross weight of the Goods lost or damaged, with a maximum liability of USDollars Fifteen Thousand only per claim (USD15,000.), unless a larger amount is recovered from a person for whom the Freight Forwarder is responsible. If the Goods have not been delivered within ninety consecutive days after the date when the Goods ought to have been delivered, the claimant may, in the absence of evidence to the contrary, treat the Goods as lost.
Monetary Limits. The indemnification obligation of Sellers for Inaccuracy of Seller Warranties will be limited as follows:
(a) Sellers shall not be liable for any particular Claim unless the Damages pursuant to that single Claim exceed EUR 7,500 in which case Sellers shall be liable for the full amount of such single Claim (and not just the excess over such amount). Claims having the same cause and/or arising out of the same or similar facts or circumstances will be treated as a single Claim for the purposes of Clause 8.6(a).
(b) Unless the aggregate amount of the liability of Sellers for all Claims qualifying under (a) above exceeds EUR 50,000, in which case Sellers shall be liable for the full amount of all such Claims (and not just the excess over such amount). The said amount of EUR 50,000 shall be considered as a threshold figure.
(c) The maximum aggregate liability payable by Sellers for all Claims shall not exceed the EUR amount equal to the Initial Price (and, for these purposes, the value of the Mitek Shares shall be EUR 4,781,250) plus the Earn Out paid to the Sellers in accordance with Clause 3.3, save only that (i) Claims involving willful misconduct or fraud, (ii) Claims in respect of a Specific Indemnity, (iii) Claims in relation to any breach or violation by Sellers to perform any covenants or obligations under this Agreement and the other Transaction Documents and (iv) Claims in respect of a Fundamental Seller Warranty, will not be subject to maximum liability. Each Claim for which Sellers are liable for in accordance with (i) to (iv) is an “Indemnifiable Claim”. For the avoidance of doubt, the amount of any Indemnifiable Claims in (i) to (iv) above shall not be considered as part of the limit in Clause 8.6(c).
Monetary Limits. (A) No liability shall arise under this Schedule 4 (Provisions on Claims under the RB Indemnities and the Mutual Indemnities) in respect of any single fact, matter or circumstance or series of connected facts, matters or circumstances unless and until the aggregate of all claims for which the Indemnifying Party is liable under this Schedule exceeds £[***] but once the aggregate amount of all such claims has exceeded such sum, the Indemnifying Party shall be liable in respect of the full amount of such claims and not the amount by which such sum is exceeded.
(B) Any amounts for which RB or Indivior is liable to the other party under this Schedule shall be recorded under the name of the claiming party on a list agreed between RB and Indivior. At the end of each six month period the aggregate amounts for which the respective parties are liable shall be set off against each other and an adjusting payment shall be made to the party who retains a positive balance of losses. Each of RB and Indivior shall then begin the next six month period with a zero balance of losses for the purposes of the above procedure.
