Examples of Aggregate Liability Cap in a sentence
The provisions of this Section 20 shall survive the Close of Escrow and the indemnity obligations hereunder expressly fall outside of the Maximum Aggregate Liability Cap (as defined below) and are not capped by Buyer’s full Deposit amount.
The liability cap in Clause 24 (Railway Costs) is a sub-cap to the Aggregate Liability Cap.
Notwithstanding the foregoing, Seller’s Maximum Aggregate Liability Cap shall not apply with respect to (i) Seller’s indemnity obligations under Section 20 of this Agreement, (ii) any amounts to be prorated under Xxxxxxxxx 00 xxxxx, (xxx) Seller’s obligations under Paragraph 35 below, or (iv) Seller’s fraud.
Additionally, except as provided below, the total aggregate liability of either Party (including its Affiliates, and, in the case of Sears, any Eligible Recipient), for all claims asserted by the other Party under or in connection with this Agreement, regardless of the form of the action or the theory of recovery, shall be limited to the Aggregate Liability Cap.
Notwithstanding the foregoing, the Aggregate Liability Cap set forth in Section 6(C)(v) shall be determined on an aggregate basis with respect to the total amount of fees paid by the Client (including the fees paid by each of the Funds) to the Service Provider under this Agreement and shall be available to each Fund however, under no circumstance shall the Service Provider be liable for amounts greater than the Aggregate Liability Cap set forth in subsection 6 (C)(v) above.