Common use of Seller’s Maximum Aggregate Liability Clause in Contracts

Seller’s Maximum Aggregate Liability. Notwithstanding any provision to the contrary contained in this Agreement or any documents executed by Seller pursuant hereto or in connection herewith, the maximum aggregate liability of Seller, and the maximum aggregate amount which may be awarded to and collected by Buyer, in connection with the Transaction and under this Agreement (including, without limitation, in connection with the breach of any representations and warranties contained herein) and any and all documents executed pursuant hereto or in connection herewith for which a claim is timely made by Buyer shall not exceed Two Hundred and Fifty Thousand and No/100 Dollars ($250,000.00); and provided, shall be actionable by the Buyer only if Buyer's aggregate damages resulting from the breach are reasonably estimated to exceed an amount in excess of One Hundred Thousand and No/100 ($100,000.00) Dollars; and provided, Seller shall not be liable for the initial One Hundred Thousand and No/100 ($100,000.00) Dollars in damages resulting from the breach. Seller shall only have liability for the amount by which Buyer's aggregate damages resulting from the breach exceed One Hundred Thousand and No/100 ($100,000.00), and in no manner shall Seller's maximum aggregate liability exceed Two Hundred and Fifty Thousand and no/100 Dollars ($250,000.00). The provisions of this section shall survive the Closing (and not be merged therein) or any earlier termination of this Agreement.

Seller’s Maximum Aggregate Liability. Notwithstanding any provision to the contrary contained in this Agreement or any documents executed by Seller pursuant hereto or in connection herewith, the maximum aggregate liability of Seller, and the maximum aggregate amount which may be awarded to and collected by Buyer, in connection with the Transaction and under this Agreement (including, without limitation, in connection with the breach of any representations and warranties contained herein) and any and all documents executed pursuant hereto or in connection herewith for which a claim is timely made by Buyer shall not exceed Two Hundred and Fifty Thousand and No/100 Dollars ($250,000.00); and provided, shall be actionable by the Buyer only if Buyer's aggregate damages resulting from the breach are reasonably estimated to exceed an amount in excess of One Hundred Thousand and No/100 ($100,000.00) Dollars; Dollars and provided, Seller shall not be liable for the initial One Hundred Thousand and No/100 ($100,000.00) Dollars in damages resulting from the breach. Seller shall only have liability for the amount by which Buyer's aggregate damages resulting from the breach exceed One Hundred Thousand and No/100 ($100,000.00), and in no manner shall Seller's maximum aggregate liability exceed Two Hundred and Fifty Thousand and no/100 Dollars ($250,000.00). The provisions of this section shall survive the Closing (and not be merged therein) or any earlier termination of this Agreement.

Seller’s Maximum Aggregate Liability. Notwithstanding any provision to the contrary contained in this Agreement or any documents executed by Seller pursuant hereto or in connection herewith, the maximum aggregate liability of Seller, and the maximum aggregate amount which may be awarded to and collected by Buyer, in connection with the Transaction and under this Agreement (including, without limitation, in connection with the breach of any representations and warranties contained herein) and any and all documents executed pursuant hereto or in connection herewith for which a claim is timely made by Buyer shall not exceed Two Hundred and Fifty Thousand and No/100 Dollars ($250,000.00); ) and provided, shall be actionable by the Buyer only if Buyer's aggregate damages resulting from the breach are reasonably estimated to exceed an amount in excess of One Hundred Thousand and No/100 ($100,000.00) Dollars; and provided, Seller shall not be liable for the initial One Hundred Thousand and No/100 ($100,000.00) Dollars in damages resulting from the breach. Seller shall only have liability for the amount by which Buyer's aggregate damages resulting from the breach exceed One Hundred Thousand and No/100 ($100,000.00), and in no manner shall Seller's maximum aggregate liability exceed Two Hundred and Fifty Thousand and no/100 Dollars ($250,000.00). The provisions of this section shall survive the Closing (and not be merged therein) or any earlier termination of this Agreement.