Common use of Aggregate Liability Clause in Contracts

Aggregate Liability. Without limiting Buyer's specific performance remedy under Section 11(b), Sellers’ aggregate liability to Buyer under this Agreement after the Closing as a result of a breach of any representation or warranty or any other covenant or indemnity made by Sellers shall in no event collectively exceed Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) (the “Liability Cap”), in the aggregate. Notwithstanding the foregoing, the limitation of Sellers’ liability set forth in this Section 11(c) shall not apply to any liabilities or obligations of Sellers under Sections 7, 10, 21 and 28, or any Seller liability for claims brought under applicable law based on fraud or intentional misrepresentation.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.), Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)

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Aggregate Liability. Without limiting Buyer's specific performance remedy under Section 11(b), Sellers’ Seller's aggregate liability to Buyer under this Agreement after the Closing as a result of a breach of any representation or warranty or any other covenant or indemnity made by Sellers Seller shall in no event collectively exceed Seven Five Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) (the “Liability Cap”500,000.00), in the aggregate. Notwithstanding the foregoing, the limitation of Sellers’ Seller’s liability set forth in this Section 11(c) shall not apply to any liabilities or obligations of Sellers Seller under Sections 7, 10, 21 and 28, or any Seller liability for claims brought under applicable law based on fraud or intentional misrepresentation.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.), Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)

Aggregate Liability. Without limiting Buyer's specific performance remedy under Section 11(b), Sellers’ Seller's aggregate liability to Buyer under this Agreement after the Closing as a result of a breach of any representation or warranty or any other covenant or indemnity made by Sellers Seller shall in no event collectively exceed Seven One Hundred Fifty Ten Thousand and 00/100 Dollars ($750,000.00) (the “Liability Cap”110,000.00), in the aggregate. Notwithstanding the foregoing, the limitation of Sellers’ Seller’s liability set forth in this Section 11(c) shall not apply to any liabilities or obligations of Sellers Seller under Sections 7, 10, 21 and 28, or any Seller liability for claims brought under applicable law based on fraud or intentional misrepresentation.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)

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Aggregate Liability. Without limiting Buyer's specific performance remedy under Section 11(b), Sellers’ Seller's aggregate liability to Buyer under this Agreement after the Closing as a result of a breach of any representation or warranty or any other covenant or indemnity made by Sellers Seller shall in no event collectively exceed Seven Four Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) (the “Liability Cap”400,000.00), in the aggregate. Notwithstanding the foregoing, the limitation of Sellers’ Seller’s liability set forth in this Section 11(c) shall not apply to any liabilities or obligations of Sellers Seller under Sections 7, 10, 21 and 28, or any Seller liability for claims brought under applicable law based on fraud or intentional misrepresentation, provided, however, in no event shall Seller be liable for any consequential or punitive damages.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)

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