General Cap definition

General Cap shall have the meaning set forth in Section 9.5(b).

General Cap has the meaning provided in Section 8.4(a).

General Cap means amounts paid or payable by Customer to Provider under this Agreement in the 12 months immediately preceding the first incident giving rise to liability.

Examples of General Cap in a sentence

• Deposits placed and received through a “deposit placement network” that are not “covered deposits” under Section 337.6(b)(2)(ii)(e)(2)(ii) of the FDIC’s regulations must be reported as brokered deposits in this Memorandum item 1.b. General Cap Under the general cap, an agent institution may except reciprocal deposits from treatment as brokered deposits up to the lesser of $5 billion or an amount equal to 20 percent of the agent institution’s total liabilities.

• Each party’s total cumulative liability for all other claims arising out of or relating to this Agreement will not be more than the General Cap Amount.

• Each party’s entire liability arising out of or related to this Agreement will not exceed the General Cap.

• Sections 12.1 (General Cap) and 12.2 (Consequential Damages Waiver) will not apply to Uncapped Claims.

• For purposes of clarity, in no event shall the General Cap apply with respect to any Losses relating to a claim for indemnification pursuant to Sections 8.1(b), 8.1(c), 8.1(d), 8.1(e), 8.1(f), 8.1(g), 8.1(h), and/or 8.1(i) or in the case of fraud.

More Definitions of General Cap

General Cap shall have the meaning assigned to it in Section 8.2(f)(ii).

General Cap shall have the meaning specified in Section 11.4(c)(i).

General Cap is defined in Section 8.2(c). "GCBV" means Global Cooling, BV, a Dutch entity partially owned at the time of Closing by the Acquired Company. "GCBV Intellectual Property" means the Intellectual Property owned by GCBV and utilized by the Acquired Company in the Acquired Company's business. "GCBV Third-Party Interests" is defined in Section 7.10. "Governmental Authority" means any domestic, foreign or multi-national federal, state, provincial, regional, municipal or local governmental or administrative authority, including any court, tribunal, agency, bureau, committee, board, regulatory body, administration, commission or instrumentality constituted or appointed by any such authority. "Hazardous Material" means any chemical, substance, waste, material, pollutant, or contaminant, the use, management, handling, generation, importing, distribution, manufacturing, processing, production, recycling, reclaiming, Storage, Disposal, Treatment, transportation or Release of which is regulated under Law, or which is listed, defined, designated, or classified as, or otherwise determined to be, hazardous, radioactive, or toxic or a pollutant or a contaminant under or pursuant to any Law, including any mixture or solution thereof, and specifically including: (a) petroleum and all petroleum derivatives thereof or synthetic substitutes therefor (including crude oil or any fraction thereof, gasoline or diesel fuel, all forms of natural gas, and petroleum products, by-products or waste); (b) polychlorinated biphenyls; (c) asbestos and asbestos containing materials (whether friable or non-friable); (d) lead and lead-based paint or other lead containing materials (whether friable or non-friable); (e) urea formaldehyde; (f) microbiological pollutants; (g) batteries or liquid solvents or similar chemicals; (h) radon gas; (i) mildew, fungus, mold, bacteria and/or other organic spore material, whether or not airborne, colonizing, amplifying or otherwise; (j) radioactive material or waste; and (k) infectious waste, regardless of whether specifically listed or designated as a hazardous substance or hazardous waste under any Environmental Law. "HCERA" is defined in Section 4.9.2(g). "Healthcare Reform Laws" is defined in Section 4.9.2(g). "Inbound Licenses" is defined in Section 4.14.4. "Indebtedness" means, with respect to the Acquired Company as at any date of determination thereof (without duplication): (a) all obligations for borrowed money or funded indebtedness or issued in sub...

General Cap means the product of (i) the Purchase Price, as adjusted by Section 2.5, multiplied by (ii) 15%. For the avoidance of doubt, the Escrow Amount, the Hold Back Escrow Amount and $25,000,000 shall be deemed to be a portion of the Purchase Price for purposes of this paragraph.

General Cap has the meaning set forth in Section 5.2(d)(i)(B).

General Cap has the meaning set forth in Section 10.3(c) of this Agreement.

General Cap shall have the meaning given to such term in Section 9.3(a).