Examples of Leakage Claim in a sentence
More generally, neither CFI, ATT nor Purchaser shall be entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once in respect of any one liability, loss, cost, shortfall, damage or deficiency, regardless of whether more than one Claim or Leakage Claim arises in respect of it.
Any claim timely asserted pursuant to this Section 2.5 in accordance with the preceding sentence shall automatically be forever released, waived, discharged and compromised unless an arbitration proceeding with respect to such claim shall have been commenced no later than the date that is six (6) months after the Leakage Claim Cutoff Date.
The maximum aggregate liability of a Minority Seller in respect of (i) any and all Claims (excluding any Leakage Claims pursuant to clause 5), shall not exceed an amount equal to the Sale Proceeds received by such Minority Seller; and (ii) any Leakage Claim pursuant to clause 5, shall not exceed an amount equal to the Leakage actually received or benefitted from such Minority Seller and/or its Connected Persons in accordance with clause 5.2.
If the Sellers fail to provide such notice within five Business Days of the Buyer’s demand for payment, the Seller shall be deemed to have accepted the validity of the Leakage Claim.
The amount of any Leakage covered by the Post-Closing Leakage Claim shall bear interest from and including the Closing Date to the date of payment at a rate per annum equal to six percent (6%).