Common use of Baskets Clause in Contracts

Baskets. (i) In no event shall any Acquirer Indemnitee be entitled to indemnification for any claim under Section 10.01 unless the aggregate amount for each claim under Section 10.01 that exceeds a De Minimus Claim is in excess of $500,000 (the “Basket”) and then the Acquirer Indemnitees shall only be entitled to such excess (excluding all De Minimus Claims); provided, however, that the foregoing limitation shall not apply to any claim for indemnification arising out of or relating to any breach of any representation or warranty contained in Sections 5.01, 5.02(a), 5.03, 5.05, 6.01, 6.02(b), 6.03, 6.04(a)(i), 6.09(b) or 6.10(d)(iii) (which claims are, for the avoidance of doubt, subject to Section 10.06(d)).

Baskets. (i) In no event shall any Acquirer Indemnitee be entitled to indemnification for any claim Claim under Section 10.01 unless 9.01 until the aggregate amount for each claim Claim under Section 10.01 9.01 that exceeds a De Minimus Claim is in excess of $500,000 1,000,000 (the “Basket”) ), and then the Acquirer Indemnitees shall only be entitled to such excess (excluding all De Minimus Claims); provided, however, that the foregoing limitation shall not apply to any claim Claim for indemnification arising out of or relating to any breach of any representation or warranty contained in Sections 5.01, 5.02(a), 5.035.04, 5.05, 6.01, 6.02(b), 6.03, 6.04(a)(i), 6.09(b) ), 6.10(d)(iii), or 6.10(d)(iii) 6.11 (which claims Claims are, for the avoidance of doubt, subject to Section 10.06(d)9.06(d) regarding De Minimus Claims).