Fundamental Warranty Claim definition

Fundamental Warranty Claim means a claim by the Buyer for breach of a Fundamental Warranty;

Fundamental Warranty Claim means a claim for the breach of any Fundamental Warranties, whether under Section 7 or otherwise.

Fundamental Warranty Claim means any claim for breach of a Fundamental Warranty;

Examples of Fundamental Warranty Claim in a sentence

• The Sellers shall not be liable in respect of a Claim (other than a Fundamental Warranty Claim or a Tax Deed Claim) unless the amount that would otherwise be recoverable from the Sellers but for this paragraph 12 in respect of that claim, when aggregated with any other amount or amounts recoverable in respect of all other Claims, exceeds £400,000 in which case the Sellers shall be liable for the whole amount and not just the excess (subject to paragraph 10 above).

• Provided that, the aforesaid limitation shall not be applicable in connection with a claim in respect of a Fundamental Warranty item ( Fundamental Warranty Claim).

• ITEM 2 – BUSINESS OF THE FUND 2.1 StructureThe FundThe Fund is an unincorporated, open-ended, limited purpose trust created under the laws of the Province of Alberta pursuant to a Trust Indenture made as of November 2, 2017, as amended on November 6, 2017 and as further amended on November 30, 2017.

• For the avoidance of doubt, an IP Warranty Breach and a Fundamental Warranty Breach shall constitute a Warranty Breach, and a Third Party IP Warranty Claim and a Fundamental Warranty Claim shall constitute a Third Party Warranty Claim.

• Mitigation Nothing in this ​Schedule 7 shall in any way diminish the Buyer’s common law obligation to mitigate any loss or liability which might be the subject of a Claim or a Fundamental Warranty Claim.

More Definitions of Fundamental Warranty Claim

Fundamental Warranty Claim means a claim for breach of any of the Fundamental Warranties;

Fundamental Warranty Claim means any Claim arising out of or in connection with a Fundamental Warranty;

Fundamental Warranty Claim means a claim by the Buyer under or pursuant to the provisions of clause 9.1 in respect of any Fundamental Warranty;

Fundamental Warranty Claim means any of them.

Fundamental Warranty Claim means a claim by the Buyer in respect of the Fundamental Warranties;

Fundamental Warranty Claim means a claim by the Buyer in respect of a Fundamental Warranty (including pursuant to the indemnification provision in Clause 15.1(a), but solely to the extent relating to a Fundamental Warranty and not, for the avoidance of doubt, a Business Warranty or Tax Warranty);

Fundamental Warranty Claim means a Claim by the Purchaser for breach of any of the Warranties or Completion Warranties set out at paragraphs 2.1 to 2.4 (inclusive), 3.1 to 3.4 (inclusive), and 12.1 to 12.6 (inclusive) of Schedule 5;