Deductible Threshold Sample Clauses

Deductible Threshold. Not to exceed [insert threshold set out in the Supplier’s Tender] each and every claim.
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Deductible Threshold. The Parent Indemnitees shall not be entitled to be indemnified for Parent Indemnifiable Losses pursuant to Section 11.2(a)(i) and Sections 11.2(a)(iv)-(xii) unless and until the aggregate amount of all such Parent Indemnifiable Losses exceeds $2,000,000 (the “Deductible Threshold”); provided, however, that the Parent Indemnitees shall not be entitled to be indemnified pursuant to Section 11.2(a)(i) and Sections 11.2(a)(iv)-(xii) for any Losses with respect to any individual items or matter unless the amount thereof exceeds $20,000 (the “De Minimis Threshold”), and if the De Minimis Threshold is not exceeded with respect to any individual Loss, then none of the Losses with respect to such item or matter will count toward satisfying the Deductible Threshold. Notwithstanding the foregoing, the Deductible Threshold and De Minimis Threshold shall not apply to (and the Parent Indemnitees shall be entitled to be indemnified for all Parent Indemnifiable Losses relating to) any claims asserted under Section 11.2(a)(i) insofar as such claims relate to (1) any breach of a Company Fundamental Representation, (2) any breach of the representations set forth in clauses (a)-(c) of Section 7.2 (or, in the case of clauses (1) and (2), to the extent related to any such representations and warranties, any breach of any certificate delivered by or on behalf of the Company to Parent prior to or at the Closing in connection with this Agreement), (3) the certification in the Company Closing Certificate relating to the matters set forth in Section 10.1(a)(xviii) and Section 10.1(a)(xix), or (4) any claims asserted under Section 11.2(a)(ii), Section 11.2(a)(iii) and Section 11.2(a)(xiii). Parent Indemnifiable Losses from any claims to which the Deductible Threshold does not apply shall not be considered in the calculation of the Deductible Threshold. Subject to the foregoing, after the Deductible Threshold is exceeded, the Parent Indemnitees shall be entitled to be paid the entire amount of any Parent Indemnifiable Losses pursuant to Section 11.2(a)(i) and Sections 11.2(a)(iv)-(xii) in excess of (but not including) the Payment Indemnifiable Losses previously included in the calculation of the Deductible Threshold, subject to the other limitations on recovery and recourse set forth in this Agreement.

Related to Deductible Threshold

  • Deductible An annual deductible of fifty dollars ($50) per person and one hundred fifty dollars ($150) per family applies to State Dental Plan non-preventive services received from in-network providers. An annual deductible of one hundred twenty-five dollars ($125) per person applies to State Dental Plan services received from out of network providers. The deductible must be satisfied before coverage begins.

  • Threshold Neither the Seller nor the Purchaser shall be required to make any indemnification payment pursuant to Section 8.1 or 8.2, respectively, until such time as the total amount of all Damages that have been directly or indirectly suffered or incurred by an Indemnified Party, or to which an Indemnified Party has or otherwise becomes subject to, exceeds $50,000 in the aggregate. At such time as the total amount of such Damages exceeds $50,000 in the aggregate, the Indemnified Party shall be entitled to be indemnified against the full amount of such Damages (and not merely the portion of such Damages exceeding $50,000).

  • Expense Limit Contractor shall not invoice the JBE, and the JBE has no obligation to reimburse Contractor, for expenses of any type that exceed in the aggregate the amount of: $[Dollar amount] for the Initial Term and $[Dollar amount] for the Option Term.

  • Applicable Expense Limit To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

  • Over-Allowance Amount The amount that is equal to the difference between (i) the amount of the Cost Proposal and (ii) the amount of the TI Allowance (less any portion thereof already disbursed by Landlord, or in the process of being disbursed by Landlord, on or before the Cost Proposal Delivery Date that is not otherwise included within the Cost Proposal) shall be referred to herein as the "Over-Allowance Amount." Tenant shall pay to Landlord (a) one-half (1/2) of such Over-Allowance Amount no later than ten (10) days after the Cost Proposal Delivery Date and (b) the other one-half (1/2) of such Over-Allowance Amount within ten (10) days after Landlord gives Tenant written notice that the construction of the Tenant Improvements is completed. The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any then remaining portion of the TI Allowance, and such disbursement shall be pursuant to the same procedure as the TI Allowance. In the event that after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Tenant Improvements, any additional costs which arise in connection with such revisions, changes or substitutions shall be paid by Tenant to Landlord as an addition to the Over-Allowance Amount as follows: (1) one-half (1/2) of such additional amount within five (5) days after Landlord's invoice therefor and (2) the remaining one-half (1/2) of such additional amount within five (5) days following Tenant's receipt of Landlord's written notice that the work to which the change order applies is complete. In addition, upon Landlord's determination of the actual costs incurred by or on behalf of Landlord for the TI Allowance Items, Tenant shall pay Landlord the amount, if any, by which such actual costs exceed the sum of the TI Allowance and the Over-Allowance Amount within fifteen (15) days after being billed therefor, or Landlord may, at its election, require that Tenant deposit with Landlord the full amount of such excess prior to Landlord's delivery of the Expansion Space to Tenant. No portion of the TI Allowance shall be used to pay Tenant or Tenant's agents, contractors or employees, unless and until Landlord's contractors and any other persons and entities employed by or under contract with Landlord have been paid in full.

  • ERISA Compliance; Excess Parachute Payments The Parent does not, and since its inception never has, maintained, or contributed to any “employee pension benefit plans” (as defined in Section 3(2) of ERISA), “employee welfare benefit plans” (as defined in Section 3(1) of ERISA) or any other Parent Benefit Plan for the benefit of any current or former employees, consultants, officers or directors of Parent.

  • Minimum Adjusted Tangible Net Worth Seller shall not permit the Adjusted Tangible Net Worth of Seller (and, if applicable, its Subsidiaries, on a consolidated basis), computed as of the end of each calendar month, to be less than Fifty-Seven Million Dollars ($57,000,000).

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