Examples of Seller Cap in a sentence

Notwithstanding anything to the contrary, each of Seller and Purchaser shall bear its own counsel fees and any other costs associated with the environmental testing and remediation of the St. Paul Parcel other than those fees of Terracon or its testing laboratories and any fees charged under the Program which Seller has agreed to pay hereunder up to the Seller Cap).
Furthermore, if the MPCA requires additional Phase II testing or imposes other requirements, fees or costs in order for Purchaser to obtain any of the MPCA Assurances, the costs of such additional testing or requirements shall be payable by the Seller up to the Seller Cap.
Purchaser and Seller expressly acknowledge and agree that the amount of the Seller Cap was negotiated freely in order to induce both parties to proceed to execution of this Agreement and, subsequently, Closing.
Purchaser shall obtain three (3) quotes for the cost to complete any Remediation from qualified environmental consultants and the cost for which Seller shall be responsible (up to the Seller Cap) shall be the lowest of the quotes.
If the results of the Cooling Season Test or the Heating Season Test indicate that further Phase II testing is required to determine the nature or scope of any Hazardous Material(s) impacts, Seller shall pay the costs of such additional testing up to the Seller Cap.

More Definitions of Seller Cap

Seller Cap has the meaning set forth in Section 8.02(b)(i)(y)(A).

Seller Cap has the meaning set forth in Section 7.4(1).

Seller Cap means an amount of $500,000.

Seller Cap has the meaning set forth in Section 8.3(c)(i) of this Agreement.

Seller Cap is defined in Section 9.6(a).

Seller Cap means the maximum aggregate liability of Seller for claims (a) arising out of or relating to this Agreement or any of the Pre-Closing Services or Transition Services and (b) Confidential Information Redacted and Filed Separately with the Commission. Omitted Portions Indicated by [**]. Confidential Treatment Requested by Pac-West Telecomm, Inc. brought within the time period specified below, such maximum liability of Seller as set forth opposite such time period below: Calendar Days Maximum Aggregate Following Closing Liability of Seller ------------------ ------------------- 0 through 180 $ 15,500,000 181 through 270 $ 7,750,000 271 through 360 $ 3,875,000 361 and thereafter $ 1,000,000

Seller Cap shall have the meaning given to such term in Section 10.1.