Common use of Basket/Threshold Clause in Contracts

Basket/Threshold. Buyer shall have no Liability for money Damages related to Breaches of the representations and warranties in Section 3.2 unless and until the aggregate of Damages claimed under Section 8.3 exceeds $150,000 (the “Seller Indemnified Parties Threshold Amount”); provided, however, that once such amount exceeds the Seller Indemnified Parties Threshold Amount, the Seller Indemnified Parties shall be entitled to recover Damages in excess of $150,000 up to, if applicable, the Seller Indemnified Parties Ceiling Amount; provided, further, that the Seller Indemnified Parties Threshold Amount shall not be applicable with respect to (A) Breaches of Section 3.2(a) or 3.2(b), (B) instances of fraud by Buyer, or (C) any claim pursuant to Sections 6.3(a), 8.3(b) or 8.3(c).

Basket/Threshold. Buyer Seller shall have no Liability for money Damages related to Breaches of the representations representations, warranties, and warranties in Section 3.2 covenants herein unless and until the aggregate of Damages claimed under Section 8.3 8.2 exceeds $150,000 (the “Seller Buyer Indemnified Parties Threshold Amount”); provided, however, that once such amount exceeds the Seller Buyer Indemnified Parties Threshold Amount, the Seller Buyer Indemnified Parties shall be entitled to recover all Damages in excess of $150,000 up to, if applicable, the Seller Buyer Indemnified Parties Ceiling Amount; provided, further, that the Seller Buyer Indemnified Parties Threshold Amount shall not be applicable with respect to (A) Breaches of Section 3.2(a) 3.1, 4.1, 4.2, 4.5, or 3.2(b)4.16, (B) instances of fraud by BuyerSeller, or (C) any claim pursuant to Sections 6.3(a8.2(b), 8.3(b8.2(c) or 8.3(c8.2(d).