Upper Limit Sample Clauses

Upper Limit. This Agreement shall apply to the outlay of the « own damage » insurer up to 6000 UC3 in respect of damage to the vehicle. Similarly, any recovery sought by the liability insurer from the « own damage » insurer shall be limited to the appropriate proportion of the maximum outlay of 6000 UC in respect of damage to the vehicle.

Upper Limit. In consideration for performing the activities described in Article III, CCG shall submit advance payments to Subrecipient pursuant to 2 C.F.R. §200.305(b) for allowable costs (as defined at 2 C.F.R. Part 200 (Subpart E) up to a total amount not to exceed the maximum (or “ceiling”) amount listed in Exhibit B.

Upper Limit. The total cost for Consultant's services and expenditures under this agreement shall not exceed [inserted in handwriting "$5,000.00"]. Payment for charges over this amount will not be made. Payment:

Upper Limit. Notwithstanding Subsection 7.1(a), the VERITAS Parties shall not be required to indemnify the Sonic Indemnitees for any Losses in excess of a combined total of $9,200,000, except that this limitation shall not apply to any Losses attributable to fraud or intentional misconduct.

Upper Limit. BCI will redeem in cash and at the Redemption Price per share determined at the date of tender each share of Stock tendered by the Executor of a Principal Shareholder to BCI for redemption; provided, however, that the aggregate number of shares of Stock to be redeemed by BCI shall not exceed the number of shares of Stock redeemable under Section 303 of the Code without unfavorable dividend tax -5- <PAGE> consequences. The initial redemption of shares of Stock for each Principal Shareholder shall be the greatest of (i) the minimum number of shares of Stock that must be redeemed in payment of Death Taxes due at the time the returns for Death Taxes are due and all Administration Expenses incurred to such time, (ii) the maximum number of shares of Stock that could be redeemed equal in aggregate value to the proceeds of life insurance on such Principal Shareholder received by BCI within nine months of the death of such Principal Shareholder, or, (iii) in the cases of the Estates of Xxxxxxx and Xxxxxx Block the value of the Stock determined by multiplying the liability for Death Taxes and Administration Expenses as initially determined in the Estate of Xxxxxxx Block or Xxxxxx Block, as the case may be, by a fraction, the numerator of which is the aggregate value of the shares initially redeemed in the Estate of Xxxx Block, Jr. and the denominator of which is the aggregate liability of Death Taxes and Administration Expenses as initially determined in the Estate of Xxxx Block, Jr.

Upper Limit. In the event that Completion occurs, except in the event of its fraud, the Seller’s liability for all Claims under or pursuant to this Agreement shall be limited to the Escrow Amount and the Buyer’s sole recourse against the Seller shall be against the balance standing to the credit of the Escrow Account.

Upper Limit. The aggregate liability of Vendors A for all claims and/or obligations shall be limited to the amount of US$210,000, being the amount of the Consideration to be paid by the Purchaser to Vendors A (the “Liability Limit”) and to be split equally between Xx. Xxxxxx and Ms. Sng (i.e. US$105,000 each), subject to the following adjustments: (i) before the first day on which the restrictive legend on the certificates of the Consideration Shares can be removed and such shares can be traded on NASDAQ (the “First Date”), the liabilities (if any) payable by Xx. Xxxxxx and Ms. Sng will be limited to US$50,000 each; (ii) after the First Day, (1) if the Closing Price of the CLNT Shares on the First Date is equal to or above the Consideration Share Price, Xx. Xxxxxx and Ms. Sng shall pay for the difference between the actual liability sum and any compensation paid before the First Date up to the Liability Limit; and (2) if the Closing Price of the CLNT Shares on the First Date is below the Consideration Share Price, the Liability Limit shall be adjusted accordingly (the “Adjusted Limit”), and Xx. Xxxxxx and Ms. Sng shall pay for the difference between the actual liability sum and any compensation paid before the First Date up to the Adjusted Limit on a pro rata basis.

Upper Limit. 4.1 The aggregate liability of the Seller respect of all Claims, Tax Claims (excluding for the avoidance of doubt, any Tax Claim which is a Tax Escrow Claim or any other Tax Escrow Claim) and Fundamental Warranty Claims shall not exceed $5,500,000 or, if lower, the amount standing to the credit of the Escrow Account in respect of the General Escrow Amount and, in respect of such amount, the Buyer’s only recourse shall be against the amount standing to the credit of the Escrow Account in respect of the General Escrow Amount and/or the insurance cover provided under the WI Policy. For the purposes of this limit, the liability of the Seller shall be deemed to exclude the amount of any and all costs, expenses and other liabilities (together with any irrecoverable VAT thereon) payable by the Seller in connection with the satisfaction, settlement or determination of any such Claims and Tax Claims. For the avoidance of doubt, this paragraph shall not reduce or limit the amount recoverable under the WI Policy. 4.2 The aggregate liability of the Seller in respect of all Indemnity Claims shall not, in any event, exceed $50,000,000 (fifty million dollars). 4.3 The aggregate liability of the Seller from time to time in respect of any Tax Escrow Claim shall not, in any event, exceed the Tax Exposure Limit. 4.4 The aggregate liability of the Seller in respect of all claims under this Agreement shall not, in any event, exceed an amount equal to 50% of the Cash Consideration.

Upper Limit. The total liability of Maxprofit and Mr. Xxx for claims made under this Agreement (other than claims in respect of any breach of the Issuer Warranties under paragraph 1 to paragraph 8, paragraph 37 (Corrupt Practices) or paragraph 38 (Sanctions) of Schedule 4 ) will not exceed an amount equal to 25% of the Subscription Amount.

Upper Limit. [ * ] [ * ] [ * ] If the DPM goal is not met, Brocade will provide [ * ] and [ * ]the manufacturing process (and/or contract supplier process if necessary) and hold [ * ] until [ * ] the stated goal. * CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens BROCADE / HP CONFIDENTIAL [ * ] [ * ] [ * ] [ * ] [ * ] FIELD QUALITY / RELIABILITY AFR (ANNUAL FAILURE RATE) AFR is calculated as number of verified failures per annual installed based. The Field Failure Rate (AFR) Limit shall be used when determining the Q2 score for the TQRDC/E review. HP REPLACEMENT FIELD FAILURE PART DESCRIPTION PART NUMBER RATE (AFR) LIMIT ---------------- -------------- ---------------- [ * ] [ * ] [ * ] AFR limit does not include [ * ]. FAILURE ANALYSIS EXPECTATIONS Supplier shall test and verify all unit failures returned by HP worldwide manufacturing organizations, HP field and failures found at Brocade's manufacturing line. Brocade shall promptly institute the [ * ] report and [ * ] that may be required to prevent any further rejects for such cause. * CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens BROCADE / HP CONFIDENTIAL [ * ] xxxxt evaluation shall be completed to the component level within [ * ] after receipt of the unit at Brocade. If problem cannot be detected with typical diagnostic tests and burn-in/stress testing is required, then an evaluation report will be sent within [ * ] of receipt of unit. Complete [ * ] report will be completed in [ * ] and sent to HP's Material Engineer. QUALITY DATA EXPECTATIONS Brocade's quality data shall include, but not be limited to, [ * ] and [ * ] regarding failures. HP'S RESPONSIBILITY HP shall inform Brocade of In-Process Failures that occur at [ * ] on a [ * ] basis. SUPPLIER'S RESPONSIBILITY [ * ] REPORTS Supplier shall provide the following reports to HP-NSSO's OEM Engineer on a [ * ]basis: - [ * ] of all reports contained in following [ * ] report section. [ * ] REPORTS Brocade shall provide the following reports to HP-NSSO's Mass Storage OEM Engineers on a monthly basis: [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] * CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED A...