UPPER LIMITS. Within the total AGREEMENT amount, there are separate upper limits for labor (which includes overhead, QC/QA, Phase III if applicable, and fixed fee) and direct costs that cannot be exceeded. The CONSULTANT is to invoice at the actual cost up to these upper limits. The DEPARTMENT will only reimburse direct costs included in the AGREEMENT.
UPPER LIMITS. The aggregate liability of each Warrantor for all claims under the Warranties set out in Part 1 of Schedule 6 is limited in:
UPPER LIMITS. The aggregate liability of the Seller for all Claims shall be limited to 75% of the Consideration.
UPPER LIMITS. 3.1 The aggregate liability of each Seller for all claims shall be limited to the amount set out opposite its name in column (2) below.
UPPER LIMITS. The aggregate liability of the Sellers for all claims shall be limited to:
UPPER LIMITS. The aggregate liability of the Warrantors for all Claims shall be limited to the amount of US$50,000,000.
UPPER LIMITS. 3.1. Subject always to paragraphs 3.2 and 3.3 below, the total aggregate liability of each Seller under this Agreement shall be limited to: (i) the amount of Consideration received by such Seller; plus (ii) such Seller’s pro rata percentage of the Bank Indebtedness outstanding on the Completion Date, together with all unpaid interest up to and including the Completion Date; plus (iii) (to the extent applicable) any amounts received by the relevant Seller in respect of the Bridgepoint Loan Note Indebtedness and the SPP Loan Note Indebtedness.
UPPER LIMITS. 3.1 The total aggregate liability of each Warrantor for all Claims shall be limited to the amount set out opposite his name in column (3) of Schedule 3 (a “Warrantor’s Cap”). For the purposes of these limits, the liability of the Warrantors shall be deemed to include the amount of all costs, expenses and other liabilities (together with any irrecoverable VAT thereon) payable by the Warrantors in connection with the satisfaction, settlement or determination of any such Claim.
UPPER LIMITS. Adherence to agreed upper limits shall not relieve the Supplier from its obligation to process all complains or from its liability for all defective deliveries. If the agreed upper limits are exceeded, the Supplier will introduce effective improvement measures at short notice at its own expense and will keep PRETTL informed of progress on an on-going basis.
