Examples of Aggregate Claim Threshold in a sentence
If the aggregate amount of Losses subject to Section 11.1(a) exceeds the Aggregate Claim Threshold, then for each such Loss that is or was subject to Section 11.1(a) and that exceeds the Individual Claim Threshold (including those within the Aggregate Claim Threshold), TACT Indemnified Persons shall be entitled to indemnification by Excalibur in the full amount of such Loss (notwithstanding the Aggregate Claim Threshold), up to the Aggregate Claim Limit.
Claims that do not exceed the Individual Claim Threshold shall not be entitled to indemnification under Section 11.1(b), but shall be included in any determination of whether the aggregate amount of Losses subject to Section 11.1(b) exceed the Aggregate Claim Threshold.
The limitations described in the Aggregate Claim Threshold and the General Cap shall have no application to (i) any claim to recover Damages based on any incorrectness in or breach of any other representation or warranty of the Purchaser in this Agreement resulting from fraud by the Purchaser, (ii) any claim to recover Damages based on any incorrectness in or breach of the representations and warranties in Section 4.3(27), nor shall the limitation be construed to apply to the indemnity in Section 7.3(b).
Claims that do not exceed the Individual Claim Threshold shall not be entitled to indemnification under Section 17.1, but shall be included in any determination of whether the aggregate amount of Company Losses subject to Section 17.1 exceeds the Aggregate Claim Threshold.
For the avoidance of doubt, the parties agree that, for up to an aggregate of $150,000 of Losses, no claim arising from Vanguard's failure to match employee contributions under its 401(k) Employee Plan prior to the date of this Agreement (the "Vanguard 401(k) Underpayment") may be the subject of a Claim Notice or otherwise be entitled to the benefits of Section 11.1(a) or included in the computation of either the Aggregate Claim Threshold or the Aggregate Loss Limit.
Except as provided in clauses (i) and (ii) of this Section 11.2, Excalibur shall not have any liability nor be subject to any claim under Section 11.1(a), unless and until the amount of any Losses subject to Section 11.1(a) exceeds $10,000 per claim (the "Individual Claim Threshold") and $1,500,000 in the aggregate (the "Aggregate Claim Threshold") with respect to Losses subject to indemnity under Section 11.1(a).
If the aggregate amount of Losses subject to Section 11.1(b) exceeds the Aggregate Claim Threshold, then for each such Loss subject to Section 11.1(b) that exceeds the Individual Claim Threshold (including those within the Aggregate Claim Threshold), Seller Indemnified Persons shall be entitled to indemnification by TACT in the full amount of such Loss (notwithstanding the Aggregate Claim Threshold), up to the Aggregate Claim Limit.
No Damages may be recovered from the Purchaser pursuant to Section 7.3(a) unless and until the accumulated aggregate amount of Damages of the Vendor’s Indemnified Parties arising pursuant to Section 7.3(a) exceeds the Aggregate Claim Threshold, in which event the accumulated aggregate amount of all such Damages may be recovered.