Common use of Limitation of Remedies for Environmental Defects Clause in Contracts

Limitation of Remedies for Environmental Defects. Notwithstanding anything to the contrary contained in this Agreement, (a) if the Environmental Defect Value for a given Environmental Defect does not exceed $35,000, then no adjustment to the Purchase Price shall be made for such Environmental Defect, (b) if the aggregate of all Environmental Defect Values exceeding $35,000 for uncured Environmental Defects not waived by Buyer and aggregate net does not exceed one and one-half percent (1.5%) of the Purchase Price under this Agreement (the “Aggregate Environmental Defect Threshold”), then no adjustment of the Purchase Price shall be made therefor and (c) if the aggregate of all Environmental Defect Values exceeding $35,000 for uncured Environmental Defects not waived by Buyer in writing exceeds the Aggregate Environmental Defect Threshold, then the Purchase Price shall only be reduced by the amount of such excess Environmental Defect Values.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Rosetta Resources Inc.), Purchase and Sale Agreement, Purchase and Sale Agreement (Comstock Resources Inc)

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Limitation of Remedies for Environmental Defects. Notwithstanding anything to the contrary contained in this Agreement, (a) if the Environmental Defect Value for a given Environmental Defect does not exceed $35,00050,000, then no adjustment to the Purchase Price shall be made for such Environmental Defect (each, a “Material Environmental Defect”), and (b) if the aggregate of all Environmental Defect Values exceeding $35,000 50,000 for uncured Material Environmental Defects not waived by Buyer and aggregate net does not exceed one and one-half percent (1.5%) of the Purchase Price $500,000.00 under this Agreement (the “Aggregate Environmental Defect ThresholdDeductible”), then no adjustment of the Purchase Price shall be made therefor therefore; and (c) if to the aggregate of all Environmental Defect Values exceeding $35,000 for extent such uncured Material Environmental Defects not waived by Buyer in writing exceeds do exceed the Aggregate Environmental Defect ThresholdDeductible, then the Purchase Price shall only be reduced by adjusted to the amount extent of such excess Environmental Defect Valuesexcess.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Dune Energy Inc), Purchase and Sale Agreement

Limitation of Remedies for Environmental Defects. Notwithstanding anything to the contrary contained in this Agreement, (a) if the Environmental Defect Value for a given Environmental Defect does not exceed $35,00050,000, then no adjustment to the Purchase Price shall be made for such Environmental Defect, (b) if the aggregate of all Environmental Defect Values exceeding $35,000 50,000 for uncured Environmental Defects not waived by Buyer and aggregate net does not exceed one and one-half percent (1.51 1/2%) of the Purchase Price under this Agreement (the “Aggregate Environmental Defect Threshold”), then no adjustment of the Purchase Price shall be made therefor therefor, and (c) if the aggregate of all Environmental Defect Values exceeding $35,000 50,000 for uncured Environmental Defects not waived by Buyer in writing exceeds the Aggregate Environmental Defect Threshold, then the Purchase Price shall only be reduced by the amount of such excess Environmental Defect Valuesexcess.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Constellation Energy Partners LLC)

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Limitation of Remedies for Environmental Defects. Notwithstanding anything to the contrary contained in this Agreement, (a) if the Environmental Defect Value for a given Environmental Defect does not exceed $35,000100,000, then no claim or adjustment to the Purchase Price shall be made for such Environmental Defect, (b) if the aggregate net value of all Environmental Defect Values exceeding $35,000 for uncured Environmental Defects and Title Defects, each exceeding $100,000 and net of the aggregate Title Benefit Value, not waived by Buyer and aggregate net plus uncured Casualty Losses does not exceed one and one-half percent (1.5%) of the Purchase Price under this Agreement (the “Aggregate Environmental Defect Threshold”), Threshold then no adjustment of the Purchase Price shall be made therefor and (c) if the aggregate net value of all Environmental Defect Values exceeding $35,000 for uncured Environmental Defects and Title Defects, each exceeding $100,000 and net of the aggregate Title Benefit Value not waived by Buyer in writing Buyer, plus uncured Casualty Losses, exceeds the Aggregate Environmental Defect Threshold, then the Purchase Price shall only be reduced adjusted by the amount of such excess Environmental Defect Valuesexcess.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Midstream Partners, LP)

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