Cayman. Buyer shall not be entitled to pursue any indemnification claim or recovery against the Company, any Shareholder, any Optionholder or H.I.G. Cayman beyond the foregoing limit, except to the extent any such claim or recovery is based upon the Company's, such Shareholder's, such Optionholder's or H.I.G. Cayman's (i) breach of a representation or warranty made in Section 3.03, 3.04, 3.05, 3.07 or 4.04(b), or (ii) fraud, bad faith or willful misconduct in connection with this Agreement. No Shareholder, Optionholder or H.I.G. Cayman may claim or assert that any portion of the Escrow Fund is not available to pay for Buyer Losses by virtue of the indemnification provisions, covenants, or representations and warranties under this Agreement being several and not joint, rather than being joint and several. By executing this Agreement, each such Person waives any such right. Notwithstanding the foregoing, Buyer may seek recovery for Buyer Losses beyond the funds held in the Escrow Fund from H.I.G. Fund and/or H.I.G. Management for any such Buyer Losses attributable to H.I.G. Cayman's (a) breach of a representation or warranty made in Section 3.04 or Section 3.05, or (b) fraud, bad faith or willful misconduct in connection with this Agreement.
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Cayman. Buyer shall not be entitled to pursue any indemnification claim or recovery against the Company, any Shareholder, any Optionholder or H.I.G. Cayman beyond the foregoing limit, except to the extent any such claim or recovery is based upon the Company's, such Shareholder's, such Optionholder's or H.I.G. Cayman's (i) breach of a representation or warranty made in Section 3.03, 3.04, 3.05, 3.07 or 4.04(b), or (ii) fraud, bad faith or willful misconduct in connection with this Agreement. No Shareholder, Optionholder or H.I.G. Cayman may claim or assert that any portion of the Escrow Fund is not available to pay for Buyer Losses by virtue of the indemnification provisions, covenants, or representations and warranties under this Agreement being several and not joint, rather than being joint and several. By executing this Agreement, each such Person waives any such right. Notwithstanding the foregoing, Buyer may seek recovery for Buyer Losses beyond the funds held in the Escrow Fund from H.I.G. Fund and/or H.I.G. Management for any such Buyer Losses attributable to H.I.G. Cayman's (a) breach of a representation or warranty made in Section 3.04 or Section 3.05, or (b) fraud, bad faith or willful misconduct in connection with this Agreement.
(e) The amount of any Loss subject to indemnification under this
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