Common use of Buffer Clause in Contracts

Buffer. Except as provided in the following two sentences, notwithstanding anything to the contrary contained hereinabove in this Article XI, no claims for indemnification shall be made by one party against the other except to the extent that all such claims by one party for the other party's payment of indemnification claims hereunder shall aggregate in excess of Five Hundred Thousand Dollars ($500,000.00), whereupon such parties shall be entitled to indemnification hereunder for indemnification claims for all losses, damages or expenses suffered in excess of such amount. The provisions of the immediately preceding sentence shall not apply with respect to any Buyer's Damages arising from a breach by the Sellers of the representations set forth in Sections 6.05 and 6.12 of this Agreement or a breach by Sellers of the provisions of Section 3.01

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Ski Lifts Inc), Purchase and Sale Agreement (American Skiing Co)