Total Cap. Notwithstanding anything contained herein to the contrary, in no event shall (i) payments made by Buyer pursuant to this Section 2.4, Section 2.4 of the OMO MIPSA and Section 2.4 of the OSDO MIPSA or (ii) or due by Buyer pursuant to this Section 2.4, Section 2.4 of the OMO MIPSA and Section 2.4(h) of the OSDO MIPSA, but set off pursuant to Section 2.4(h) of this Agreement, Section 2.4(h) of the OMO MIPSA or Section 2.4 of the OSDO MIPSA, respectively, exceed, in the aggregate, the Total Earn-Out Cap.
Total Cap. Notwithstanding anything contained in clauses 2.8(a) and (b) above, the per annum interest rate on the Loans shall not exceed the Total Cap.
Total Cap. EXCEPT FOR LIABILITY ARISING OUT OF BREACH OF SECTION 4(C) (RESTRICTIONS), SECTION 9 (CONFIDENTIALITY, PRIVACY), ANY INDEMNIFICATION OBLIGATIONS UNDER SECTION 7 OR DAMAGES OCCASIONED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF EITHER PARTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY IN CONNECTION WITH THE AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, WILL BE STRICTLY LIMITED TO THE GREATER OF: (i) THE AMOUNT ALREADY PAID OR OWED BY CLIENT TO LOBLAW PURSUANT TO THE AGREEMENT IN THE TWELVE-MONTH PERIOD PRIOR TO THE DATE OF THE ACTIVITY FIRST GIVING RISE TO THE CLAIM; AND (ii) CDN$250,000.
Total Cap. Notwithstanding Section 6.1.1, each Party’s liability to the other Party, However Arising, for all claims in total shall be limited to the higher of (i) 1.5 X (one and a half times) the Fees paid and/or payable by the other Party in total under this EPN Agreement or (ii) $50,000 US dollars.
Total Cap. Notwithstanding the foregoing clauses (i) and (ii), the interest rate borne by the Loans at any time a determination thereof is to be made shall not cause the weighted average effective per annum yield to maturity of the outstanding Loans, the outstanding Exchange Notes (if any) and the outstanding Take-Out Debt (if any) (the “All-In-Yield”) to exceed 7.25% per annum (or, if the senior unsecured long term debt rating of the Borrower is not at least B1 (stable) from Xxxxx’x and at least B+ (stable) from S&P, 7.625% per annum) (the “Total Cap”).
Total Cap. The total liability of either party to the other in respect of all other loss or damage arising under or in connection with this, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £50,000 for the entire term of this agreement.
Total Cap. This total cap shall not apply to :
