Overall Limitation. Notwithstanding any other provision of this Contract, adjustments after Contract execution shall not result in higher rents charged for Assisted Units as compared to the unassisted units, as determined by Grantee.
Overall Limitation. Notwithstanding any other provision of this Contract, adjustments after Contract execution or cost certification, where applicable, shall not result in material differences between the rents charged for assisted and comparable unassisted units, as determined by HUD; except to the extent that the differences existed with respect to the Contract Rents set at Contract execution or cost certification, where applicable.
Overall Limitation. Except for the exceptions set out in Section 8.3 and notwithstanding anything to the contrary contained in this Agreement, the aggregate Liability of the Contractor to the Owner or the Owner Indemnitees with respect to this Agreement, whether such Liability arises out of breach of contract, tort, product liability, indemnity, contribution, strict liability or other legal theory, shall not exceed an amount equal to [REDACTED: Confidential and commercially sensitive information regarding liability cap] “Maximum Liability Amount”).
Overall Limitation. Notwithstanding any other provision of this Agreement, the maximum amount of Stock that Clorox may purchase from Henkel pursuant to this Agreement shall be limited to Stock with a purchase price under this Agreement no greater than $255 million in the aggregate.
Overall Limitation. EXCEPT FOR BREACHES OF INTELLECTUAL PROPERTY RIGHTS AND INDEMNIFICATION OBLIGATIONS, NEITHER PARTY’S TOTAL LIABILITY TO THE OTHER PARTY HEREUNDER SHALL EXCEED A SUM OF ONE MILLION DOLLARS ($1,000,000).
Overall Limitation. In no event will the aggregate of Quarterly Bonuses and Annual Bonus payable to Executive for the Plan Year exceed $50,000. If Qualified Revenues exceed $* million for the Plan Year, Corporation's Compensation Committee may, in its sole discretion, consider payment of an additional bonus.
Overall Limitation. (a) Notwithstanding anything contained in this Lease to the contrary, the Landlord acknowledges that prior to the Completion Date the Tenant shall have no obligations under this Lease other than (i) the Tenant’s obligation to pay base rent (which obligation prior to the Completion Date has been satisfied in full as of the Commencement Date) and (ii) with respect to Section 6 (limited to the Tenant’s obligations prior to the Completion Date to keep the Property clear of Lessor Liens as set forth in the Participation Agreement (as hereinafter defined)), 9.2, 12 (limited to the Tenant’s obligations prior to the Completion Date to keep the Property clear of Lessor Liens as set forth in the Participation Agreement and limited to the Tenant’s obligation to deliver the Property back to the Landlord in its then current condition) and 13.14 hereof.
(b) Notwithstanding anything contained in this Lease to the contrary from and after the Completion Date and until the ELLF Lease (as defined herein) has expired or is terminated in accordance with its terms, Landlord agrees to look solely to Sublessee (as defined in Section 13.15 below) (and not to Tenant) for the performance of the provisions of this Lease and Tenant will have no liability of any kind to Landlord for the performance or nonperformance of this Lease other than with respect to Sections 6 (limited to the Tenant’s obligations prior to the expiration or termination of the ELLF Lease to keep the Property clear of Lessor Liens as set forth in the ELLF Lease and the Participation Agreement), 9.2, 12 (limited to the Tenant’s obligations prior to the expiration or termination of the ELLF Lease to keep the Property clear of Lessor Liens as set forth in the ELLF Lease and the Participation Agreement and limited to the Tenant’s obligation to deliver the Property back to the Landlord in its then current condition) and 13.14 hereof.
(c) Notwithstanding anything contained in this Lease to the contrary and not-withstanding the occurrence of an Event of Default hereunder, so long as Wachovia Development Corporation (or any successor) is the Tenant, Landlord agrees that (i) Landlord will not exercise any rights or remedies against Tenant, the Property or otherwise hereunder, (ii) Tenant will retain all rights to the Property granted in this Lease and (iii) the Lease shall remain in full force and effect as if no such Event of Default ever occurred.
Overall Limitation. (a) Notwithstanding anything to the contrary contained in this Agreement, in no event shall HPD, and its parent company, affiliates, contractors, subcontractors, consultants, vendors, suppliers and agents be liable, alone or in the aggregate, to AMERALIA for any damages, claims, demands, suits, causes of action, losses, costs, expenses and/or liabilities in excess of an amount equal to 100% of the Guaranteed Maximum Price, regardless of whether such liability arises out of breach of contract, guarantee or warranty, tort, product liability, indemnity, contribution, strict liability or any other legal theory.
(b) Notwithstanding anything to the contrary contained in this Agreement, in no event shall AMERALIA, and its parent company, affiliates, contractors, subcontractors, consultants, vendors, suppliers and agents be liable, alone or in the aggregate, to HPD for any damages, claims, demands, suits, causes of action, losses, costs, expenses and/or liabilities in excess of an amount equal to 100% of the Guaranteed Maximum Price, regardless of whether such liability arises out of breach of contract, guarantee or warranty, tort, product liability, indemnity, contribution, strict liability or any other legal theory.
Overall Limitation. (a) The total liability of any of the Shareholders under this Agreement shall not exceed the total amounts paid by or on behalf of Acquisition Sub pursuant to Sections 1.5 and 1.6 to such Shareholder.
(b) In the event the Principal Shareholders are severally and not jointly liable for Damages, the portion of such Damages for which an individual Principal Shareholder will be liable will be such Shareholder's pro rata share of the payments made to or for the benefit of the Shareholders pursuant to Sections 1.5 and 1.6 (including for this purpose the amount of such payments allocable to such Shareholder's children who are now under 18 years of age) (a "Shareholder's Pro Rata Share"); provided, however, that such limitation shall not apply with respect to Damages resulting from the Breach by such Shareholder of a representation, warranty or covenant applicable to such Shareholder individually. The maximum amount for which a Principal Shareholder may be severally liable shall not exceed such Shareholder's Pro Rata Share of the total amounts paid to or for the benefit of the Shareholders pursuant to Sections 1.5 and 1.6, less such Principal Shareholder's Pro Rata Share of amounts paid to Indemnitees pursuant to Sections 4 and 5 for which the Principal Shareholders were jointly and severally liable.
Overall Limitation. Each party’s total liability will not exceed an amount equal to all amounts actually received by Quova from Customer during the 12-month period immediately preceding any such liability. Each party acknowledges that these limitations are reasonable, that they are an essential element of this Agreement and that absent such limitations they would not enter into this Agreement. The limitation set forth in this section 10B, will not apply to any damages or losses caused by infringement of Quova’s intellectual property or a voluntary infringement by Customer of Section 2 of this agreement
