Common use of Qualifying Claims; Deductible Clause in Contracts

Qualifying Claims; Deductible. Subject to Section (g), the Selling Parties shall not be required to make any indemnification payment pursuant to Section 6.2: (i) unless the amount of Damages from any individual inaccuracy in or breach of any representation or warranty made by the Selling Parties in this Agreement (or multiple inaccuracies or breaches of the same representation or warranty or of different representations and warranties, but based on similar events, conditions, facts or circumstances) exceeds $100,000 (such a claim for an amount of Damages exceeding $100,000, a “Qualifying Claim”); and (ii) until such time as the total amount of all Damages arising from all Qualifying Claims exceeds $250,000 (the “Deductible”). If the total amount of all of the Damages that arise from Qualifying Claims exceeds the Deductible, then the Purchaser shall be entitled to be indemnified against only the amount of such Damages arising from Qualifying Claims that are in excess of the Deductible.

Qualifying Claims; Deductible. Subject to Section (g6.3(f), the Selling Parties Seller shall not be required to make any indemnification payment pursuant to Section 6.2: 6.2(a) (other than with respect to any breach of or inaccuracy in any Fundamental Representation): (i) unless the amount of Damages from any individual inaccuracy in or breach of any representation or warranty made by the Selling Parties Seller in this Agreement (or multiple inaccuracies or breaches of the same representation or warranty or of different representations and warranties, but based on similar events, conditions, facts or circumstances) exceeds $100,000 15,000 (such a claim for an amount of Damages exceeding $100,00015,000, a “Qualifying Claim”); and (ii) until such time as the total amount of all Damages arising from all Qualifying Claims exceeds $250,000 300,000 (the “Deductible”). If the total amount of all of the Damages that arise from Qualifying Claims exceeds the Deductible, then the Purchaser shall be entitled to be indemnified against only the amount of such Damages arising from Qualifying Claims that are in excess of the Deductible.

Qualifying Claims; Deductible. Subject to Section (g6.4(g), the Selling Parties Company shall not be required to make any indemnification payment pursuant to Section 6.2: (i) unless the amount of Damages from any individual inaccuracy in or breach of any representation or warranty made by the Selling Parties Company in this Agreement (or multiple inaccuracies or breaches of the same representation or warranty or of different representations and warranties, but based on similar events, conditions, facts or circumstances) exceeds $100,000 50,000 (such a claim for an amount of Damages exceeding $100,00050,000, a “Qualifying Claim”); and (ii) until such time as the total amount of all Damages arising from all Qualifying Claims exceeds $250,000 100,000 (the “Deductible”). If the total amount of all of the Damages that arise from Qualifying Claims exceeds the Deductible, then the Purchaser shall be entitled to be indemnified against only the amount of such Damages arising from Qualifying Claims that are in excess of the Deductible.