Super Cap definition

Super Cap is defined in Section 10.1(f).
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Super Cap means the Purchase Price minus the Assumed Liabilities.
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Super Cap. The total liability of Clinch arising out of or related to a breach of its Confidentiality obligations in Section 9, the Intellectual Property Indemnity at Section 7.3 and the Data Processing Addendum at Schedule 5 shall not exceed three (3) times the annual ASF (at the time the event occurred).
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Examples of Super Cap in a sentence

  • Subject to Sections 12.3 (Super Cap) and 12.5 (Uncapped Claims), each party's total liability is limited to the amount paid or payable to Apollo for Subscription Offerings in the 12 months preceding a claim (“General Cap”).

  • The General Cap and Super Cap limits do not apply to Customer's payment obligations, or either party's (a) obligation to make payments to third parties under Section 11 (Indemnification), (b) misappropriation, infringement, or violation of the other party's intellectual property rights, or (c) willful misconduct.

  • Subject to Section 12.5 (Uncapped Claims), Apollo’s maximum total liability for all claims in aggregate will not exceed the Super Cap limit and will apply on an aggregated basis across this Agreement (including all Orders of Customer and its Affiliates).