Common use of The Buyer Clause in Contracts

The Buyer. Notwithstanding anything to the contrary in this Article VII, the Buyer shall not be liable under this Article VII for any Losses resulting from any breach of a representation, warranty, covenant or agreement contained in this Agreement or in any other Buyer Document unless such claim involves Losses in excess of Ten Thousand Dollars ($10,000) or the aggregate amount of all such indemnifable Losses incurred or suffered exceeds Ten Thousand Dollars ($10,000), and then in which case the Buyer shall thereafter be liable for all indemnifiable Losses on a dollar-for-dollar basis without regard to such Threshold.

Appears in 4 contracts

Samples: Option to Purchase Assets Agreement (Hydrodynex, Inc.), Asset Purchase Agreement (FBC Holding Inc.), Asset Purchase Agreement (FBC Holding Inc.)

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The Buyer. Notwithstanding anything to the contrary in this Article VII, the Buyer BUYER shall not be liable under this Article VII for any Losses resulting from any breach of a representation, warranty, covenant or agreement contained in this Agreement AGREEMENT or in any other Buyer BUYER Document unless such claim involves Losses in excess of Ten Thousand Dollars ($10,000) or the aggregate amount of all such indemnifable Losses incurred or suffered exceeds Ten Thousand Dollars ($10,000), and then in which case the Buyer BUYER shall thereafter be liable for all indemnifiable Losses on a dollar-for-dollar basis without regard to such Threshold.

Appears in 1 contract

Samples: Asset Purchase Agreement (Apd Antiquities, Inc.)

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