Right to Assert PE Indemnification Claims Sample Clauses

Right to Assert PE Indemnification Claims. 1.2.1 The Parties acknowledge that: (a) the Minimum PE Claim Amount is applicable to the Party Claims of all of them in the aggregate, as well as of each of them individually, so that the failure of any Party to assert a Party Claim against PE may have the practical effect of delaying or precluding the ability of the other Parties to assert against PE a separate Party Claim that does not itself result in the Minimum PE Claim Amount being exceeded; and (b) the Minimum PE Claim Amount is to be applied by reference not only to Party Claims but to PE Indemnification Claims arising under the Big 5 Agreement. 1.2.2 The Parties further acknowledge that the Maximum PE Claim Limitations are applicable to the Party Claims of all Parties in the aggregate, as well as of each of them individually, so that the assertion by any of them of a Party Claim against PE may have the practical effect of limiting the amount of, or precluding the assertion of, Party Claims another Party may otherwise have against PE.