Definitive determination of Damages. The Seller shall not be liable for any Damages that (i) have been resolved in writing between the Seller and the Purchaser; or (ii) have not been resolved by a first instance court resolution which declares the Seller’s obligation to indemnify the Purchaser under this Agreement.
Appears in 4 contracts
Samples: Shares Sale and Purchase Agreement (Mountain & Co. I Acquisition Corp.), Agreement (Mountain & Co. I Acquisition Corp.), Agreement (Mountain & Co. I Acquisition Corp.)