Common use of Seller’s Basket Clause in Contracts

Seller’s Basket. Sellers shall not be liable under Section 6.1 (a) unless and until the aggregate Damages for which it would otherwise be liable under Section 6.1(a) exceed US$100,000 (the “Sellers’ Basket”), after which the Seller shall be liable only for those Damages in excess of the Sellers’ Basket. For purposes solely of determining the amount of Damages for which Sellers are jointly and severally liable under this Article VI (and not for determining whether or not any breaches of representations or warranties have occurred), all representations and warranties of Sellers in Article II (other than Section 2.5) shall be construed as if the term “material” and any reference to “Business Material Adverse Effect” (and variations thereof) were omitted from such representations and warranties.

Seller’s Basket. The Sellers shall not be liable under Section 6.1 (a6.1(a) unless and until the aggregate Damages for which it they would otherwise be liable under Section 6.1(a) exceed US$100,000 $375,000 (the “Sellers’ Basket”), after ) (at which point the Seller Sellers shall be become liable for only for those Damages amounts in excess of the Sellers’ BasketBasket and not for the aggregate Damages under Section 6.1(a)). For purposes solely of determining the amount of Damages for which Sellers are jointly and severally any Seller is liable under this Article VI (and not for determining whether or not any breaches of representations or warranties have occurred)VI, all representations and warranties of the Sellers in Article II (other than Section 2.5) shall be construed as if the term “material” and any reference to “Business Material Adverse Effect” (and variations thereof) were omitted from such representations and warranties.