Examples of Warranty Threshold in a sentence
In the event the Representation and Warranty Threshold is met, then the Non-Breaching Party shall be entitled to seek to collect from the Breaching Party any and all damages, liabilities, losses, costs or expenses suffered or incurred as a result of all such breaches of the representations and warranties set forth herein on a first dollar basis and not merely to recover damages in excess of the Representation and Warranty Liability Threshold.
After the aggregate Warranty Costs incurred by the Acquired Companies has exceeded the Warranty Threshold, Seller may settle, compromise or discharge any Assumed Claim without Buyer's prior consent, provided that there is no liability to the Acquired Companies as a result of such settlement, compromise or discharge and such settlement, compromise or discharge does not otherwise materially adversely affect the Acquired Companies.
Sellers acknowledge that the Maximum Warranty Amount is exclusive of all insurance proceeds, meaning that Sellers shall be obligated to pay up to Four Million Dollars ($4,000,000) in Warranty Claims that are not paid by insurance and that exceed the Warranty Threshold.
If the amount of Warranty Expenses exceeds the Third Warranty Threshold, the Buyers shall provide notice to Dynatech that the Buyers' Warranty Expenses have exceeded the Third Warranty Threshold and the Sellers shall, within 30 days after receipt of such notice, reimburse the Buyers for 100% of such costs in excess of the Third Warranty Threshold.
Any Damages for which the Shareholders have indemnified Cubist Indemnified Parties pursuant to the preceding sentence shall not be counted in determining whether the aggregate amount of Damages suffered by Cubist Indemnified Parties for which they are otherwise entitled to indemnification hereunder exceeds the Warranty Threshold.
Buyer may not recover the costs of satisfying any Home Warranty Obligations pursuant to the foregoing clause (iv) until the aggregate amount of such costs exceeds $150,000 (the “Warranty Threshold”) , at which time Buyer may recover all of such costs pursuant to the foregoing clause (iv) (including those equal to or less than the Warranty Threshold).
Sellers shall be obligated to promptly pay to Buyer the amount of all Warranty Claims in excess of the Warranty Threshold irrespective of whether such amounts may be potentially covered by insurance.
CBI is not liable in respect of a Warranty Claim unless the aggregate amount that the Subscribers would be entitled to recover, but for this clause 17.6, in relation to all Warranty Claims is at least the Warranty Threshold Amount but once the amount of the Claim exceeds the Warranty Threshold Amount in aggregate then the Subscribers may claim for the whole of that amount and not merely the excess.
The Sellers shall be obligated to promptly pay to Buyer the amount of all Warranty Claims in excess of the Warranty Threshold irrespective of whether such amounts may be potentially covered by insurance.
Notwithstanding anything contained herein to the contrary, neither the Warranty Threshold nor the $2,500,000 limitation described in the preceding sentence shall apply to: (i) any representation or warranty set forth in Section 3.1(b) or Section 3.3; (ii) matters described in Section 5.4(a)(iv), 5.4(b)(iii) or 5.4(b)(iv) above or Section 5.3 above or 5.5 below, or (iii) any fraudulent breach of any representation or warranty.