LIMITATION UPON INDEMNITY. (a) Neither the Stockholders nor PalEx shall be entitled to indemnification from the other under the provisions of this Article VIII until such time as the claims subject to indemnification by such party exceed, in the aggregate, Three Hundred Sixty Thousand Dollars ($360,000) (the "Indemnity Deductible").
LIMITATION UPON INDEMNITY. Rights to indemnification under SECTION 5.1 or 5.2 hereof are subject to the following limitations:
LIMITATION UPON INDEMNITY. (a) Neither the Stockholders, the Principals nor PalEx shall be entitled to indemnification from the other under the provisions of this ARTICLE VII until such time as, and to the extent that, the claims subject to indemnification by such party exceed, in the aggregate, $7,500.
LIMITATION UPON INDEMNITY. The Company Stockholders, on the one hand, and IES, on the other hand, shall be entitled to indemnification from the other party under the provisions of this Article VI for all claims subject to indemnification by such party, but only after such time that the amount of, and to the extent that such claims exceed, in the aggregate $250,000.
LIMITATION UPON INDEMNITY. (a) The Company Stockholders, on the one hand, and Pentacon, on the other hand, shall be entitled to indemnification from the other under the provisions of this Article VI for all claims subject to indemnification by such party, but only after such time and to the extent that the amount of such claims exceed, in the aggregate, $310,000 (the "Threshold"). Notwithstanding the foregoing, in the event of any indemnification claim arising under or in connection with (i) any misrepresentation under or breach of Section 3.18 or (ii) any claims or liability resulting from or related to any worker's compensation laws, then the Threshold shall not be applicable and Pentacon shall be entitled to indemnification for the full amount of any such claims.
LIMITATION UPON INDEMNITY. The Company Stockholders, on the one hand, and IES, on the other hand, shall be entitled to indemnification from the other under the provisions of this Article VI for all claims subject to indemnification by such party, but only after such time that the amount of, and to the extent that, such claims for which the Indemnitee is entitled to be paid exceed, in the aggregate, $500,000, (the "Indemnification Threshold") at which time the indemnifying parties shall be liable for all Damages in excess of (but not including) the Indemnification Threshold; provided, however, that the foregoing limitation on liability shall not apply with respect to (a) indemnity obligations under (i) Section 6.1(a) relating to Section 3.2, (ii) any item disclosed on Schedule 3.18 hereto and (iii) Section 3.19 hereof, or (b) indemnity obligations under Section 6.3(a) relating to Section 4.2(b), or (c) indemnity obligations under Section 6.2, or (d) obligations under Section 5.17, or (e) indemnity obligations under Section 6.3(c) relating to Section 5.6, or (f) obligations under Section 5.11(d), or (g) the failure of IES and/or Acquisition to pay all or any part of the Merger Consideration; or (h) with respect to any Damages that relate to or occur as a result of fraudulent misrepresentations or fraudulent acts.
LIMITATION UPON INDEMNITY. The Stockholders, on the one hand, and Pentacon, on the other hand, shall be entitled to indemnification from the other under the provisions of this Article IX for all claims subject to indemnification by such party, but only after such time that the amount of such claims exceed, in the aggregate $250,000; provided, however, the foregoing limitation in this Section 9.6 shall not apply to indemnification with respect to any claims arising under or in connection with any misrepresentation under or breach of Sections 5.1, 5.2, 5.18, 6.1 or 6.2 or indemnification claims under Section 9.2, and in such event Pentacon shall be entitled to indemnification for the full amount of any such claims.
LIMITATION UPON INDEMNITY. The Company Stockholder, on the one hand, and IES, on the other hand, shall be entitled to indemnification from the other under the provisions of this Article VI for all claims subject to indemnification by such party, but only after such time that the amount of, and to the extent that, such claims exceed, in the aggregate, one percent (1%) of the value of the Merger Consideration, or $210,000; provided, however, that the foregoing limitation on liability shall not apply with respect to indemnity obligations under Section 6.1(a) relating to Section 3.2, Section 3.18, Section 3.19, or 6.1(e) hereof or with respect to any Damages that relate to or occur as a result of fraudulent misrepresentations or fraudulent acts.
LIMITATION UPON INDEMNITY. Notwithstanding anything to the contrary contained herein, the aggregate indemnification obligation of the Company and the Stockholders under SECTION 6.1(A) shall be limited to $20,000,000. Notwithstanding anything to the contrary contained herein, this SECTION 6.5 shall not apply to (a) breaches of the representations set forth in the last sentence of SECTION 2.3(A) or in SECTION 3.4(C) or (D) or SECTION 10.4, or (b) fraudulent misrepresentations.
LIMITATION UPON INDEMNITY i. Neither Buyer nor Sellers shall be entitled to indemnification from the other under the provisions of this SECTION 9 until such time as, and to the extent that, the claims subject to indemnification by such party exceed, in the aggregate, $7,750.
