Common use of Limitation on Indemnities Clause in Contracts

Limitation on Indemnities. No Claim may be made against the Company for indemnification pursuant to Section 8.2 until the aggregate dollar amount of all Losses indemnifiable pursuant to Section 8.2 exceeds $250,000 (in which event the Purchaser shall be entitled to claim the whole amount of such Losses and not merely the excess). In no event shall the aggregate amount paid by the Company pursuant to Section 8.2 exceed $25 million with respect to Claims arising out of or related to matters other than breaches of the representations, warranties and covenants contained in Sections 4.13 (to the extent related to Applicable Laws relating to health care, the health care industry and the provision of health care services, third party reimbursement (including Medicare and Medicaid), public health and safety and wrongful death and medical malpractice), 4.32, 4.33, 4.34, 4.35, 4.36 and 6.9 (to the extent related to Applicable Laws relating to health care, the health care industry and the provision of health care services, third party reimbursement (including Medicare and Medicaid), public health and safety and wrongful death and medical malpractice), as to which breaches of the representations, warranties and covenants contained in such Sections, there shall be no cap on the Company's indemnification obligations under Section 8.2.