Amount of Liability. EXCEPT FOR ANY OF BREACH OF THE TERMS OF THE CLA, SECTION 4.4 (REASONABLE EFFORTS REGARDING CONTRIBUTIONS), OR SECTION 5 (RESTRICTIONS DURING INCUBATION PHASE), IN NO EVENT SHALL EITHER PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PROJECT, OR THE SOFTWARE EXCEED ONE THOUSAND DOLLARS ($1,000)] IN THE AGGREGATE. Failure of Essential Purpose. The limitations set forth above shall survive and apply even if any limited remedy specified in this Agreement is found to have failed its essential purpose.
Amount of Liability. The liability of the undersigned hereunder shall be for all indebtedness of Borrower to Lender in connection with two loans evidenced by Borrower’s Term Notes of even date herewith in the original principal amounts of $14,250,000.00 and $3,750,000.00, including all principal advanced to Borrower, interest, penalties and any and all other charges in connection therewith.
Amount of Liability. 4.1 In the event that the Covenantors are liable to make any payment under clause 2 the amount of that payment shall be equal to:
Amount of Liability. (A) The liability of Indemnitor hereunder shall extend to and include all amounts paid by Surety in good faith under the belief that: (1) Surety was or might be liable therefor; (2) such payments were necessary or advisable to protect any of Surety's rights or to avoid or lessen Surety's liability or alleged liability;
Amount of Liability. To the fullest extent permitted by Law, our aggregate liability under this Subscription Agreement will be limited to the total amount paid by you in accordance with this Subscription Agreement in respect of the 12 months prior to the event giving rise to liability.
Amount of Liability. 4.1 In the event that THG is liable to make any payment under paragraph 2 of this Schedule the amount of that payment shall be equal to:
Amount of Liability. The amounts for which the parties shall be liable under this Article VII of this Agreement shall be: (a) net of any tax benefit realized or realizable by the indemnified party or the Subsidiaries by reason of the facts and circumstances giving rise to such liability; (b) calculated by taking into account any tax required to be paid by such party or the Subsidiaries as a result of the accrual or receipt of any payment made pursuant to Article VII of this Agreement; and (c) net of any insurance proceeds received by such party or the Subsidiaries as a result of the facts giving rise to the right of indemnification. Each Party agrees to use commercially reasonable efforts to minimize Losses for which it may seek indemnification from any other party pursuant to this Article VII, and to minimize the amount of such indemnification obligation by reasonably pursuing all possible insurance recovery or recovery from other available sources with respect to such Losses, and nothing herein will in any way diminish each party’s common law duty to mitigate its loss.
Amount of Liability. 3. This Mortgage shall be impressed in the first instance with stamp duty to cover an aggregate liability of the Mortgagor to the Mortgagees as principal and surety in the sum of [ ] Belize Dollars (BZ$000,000)/United States Dollars(US$). It is hereby intended that this Deed of Mortgage shall cover all sums to any aggregate for which the Mortgagor and the Guarantor may be liable under the Loan Agreement to the Mortgagee as principal and surety at any time.
Amount of Liability. The present value of the aggregate benefit liabilities under each of the Plans (other than Multiemployer Plans), determined as of the end of such Plan's most recently ended plan year (i.e. 1997) on the basis of the actuarial assumptions specified for funding purposes in such Plan's most recent actuarial valuation report, did not exceed the aggregate current value of the assets of such Plan allocable to such benefit liabilities in the aggregate for all Plans. The term "BENEFIT LIABILITIES" has the meaning specified in section 4001 of ERISA and the terms "CURRENT VALUE" and "PRESENT VALUE" have the meaning specified in section 3 of ERISA.
Amount of Liability. Under the circumstances listed in subsection (a), above, the Producer and the Writer shall be jointly and individually liable to the Health Fund for:
