Examples of Buyer Incurred Damages in a sentence
The Buyer will use, and will cause each Company to use, commercially reasonable efforts to mitigate any such Buyer Incurred Damages.
The Buyer will use, and after the Second Stage Closing Date will also use its reasonable efforts to cause the Company and its Subsidiaries to use, commercially reasonable efforts to mitigate any such Buyer Incurred Damages (recognizing that prior to the Second Stage Closing Date the Buyer may have limited ability to mitigate damages given its status as a minority shareholder).
Notwithstanding anything in this Agreement to the contrary, the Seller’s liability for indemnification under this Section 6.1 will not exceed 30% of the Purchase Price; provided that the foregoing limitation shall not apply to any Buyer Incurred Damages arising from a breach of the representations and warranties set forth in Sections 4.1, 4.2, 4.3 and 4.4.
The Buyer's failure to give proper and timely notice shall only relieve the Seller from any liability that the Seller has to the Buyer if and to the extent that the Seller has been prejudiced by such failure, in particular if the Buyer Incurred Damages have increased as a result of such failure.
The Seller's liability for indemnification under this Article 5.1(a)(i) (other than in case of breach of any Fundamental Representations and Warranties) shall apply only to Buyer Incurred Damages that individually exceed CHF 20,000 (the "De Minimis").