Common use of LIMITATIONS ON AMOUNT--BUYER Clause in Contracts

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a) until the total of all Damages with respect to such matters exceeds $150,000.00 and then only for the amount by which such Damages exceed $150,000.00. However, this Section 11.6 will not apply to claims under Section 11.4(b) through Section 11.4(h) or matters arising in respect of Sections 4.4 or 4.5, fraud, or to any Breach of any of Buyer’s representations and warranties of which Buyer had Knowledge at any time before the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chart Industries Inc)

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LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a) until the total of all Damages with respect to such matters exceeds Five Thousand Dollars ($150,000.00 5,000) and then only for the amount by which such Damages exceed Five Thousand Dollars ($150,000.005,000). However, this Section 11.6 will not apply to claims under Section 11.4(b) through Section 11.4(h(d) or matters arising in respect of Sections Section 4.4 or 4.5, fraud, or to any Breach of any of Buyer’s 's representations and warranties of which Buyer had Knowledge at any time before prior to the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Asset Purchase Agreement (Secured Diversified Investment LTD)

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under the matters described in clause (a) or (b) of Section 11.4(a) 10.4 until the total of all Damages with respect to such matters exceeds $150,000.00 5,000, and then only for the amount by which such Damages exceed $150,000.005,000. The total amount of Buyer's liability under this Section 10.7 shall not exceed the Acquisition Price. However, this Section 11.6 10.7 will not apply to claims under Section 11.4(b) through Section 11.4(h) or matters arising in respect of Sections 4.4 or 4.5, fraud, or to any intentional Breach of any of Buyer’s 's representations and warranties of which Buyer had Knowledge at any time before prior to the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Stock Purchase Agreement (Integrated Orthopedics Inc)

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a) until the total of all Damages with respect to such matters exceeds Two Hundred Thousand Dollars ($150,000.00 200,000) and then only for the amount by which such Damages exceed Two Hundred Thousand Dollars ($150,000.00200,000). However, this Section 11.6 will not apply to claims under Section Sections 11.4(b) through Section 11.4(h11.4(d) or matters arising in respect of Sections Section 4.4 or 4.5, fraud, or to any Breach of any of Buyer’s 's representations and warranties of which Buyer had Knowledge at any time before prior to the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Asset Purchase Agreement (Tarpon Industries, Inc.)

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under the matters described in Section 11.4(a) 10.4 until the total of all Damages with respect to such matters exceeds $150,000.00 150,000, and then then, only for Damages in excess of $150,000. In no event shall the amount aggregate indemnification to be provided by which such Damages Buyer pursuant to the matters described in Section 10.4 exceed $150,000.0015,000,000. However, this Section 11.6 10.7 will not apply to claims under Section 11.4(b) through Section 11.4(h) or matters arising in respect of Sections 4.4 or 4.5, fraud, or to any Breach of any of Buyer’s representations and warranties of which Buyer had Knowledge at any time before prior to the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches. The additional Purchase Price due to Seller, if any, under Section 2.6 hereof shall not be subject to this Section 10.7.

Appears in 1 contract

Samples: Stock Purchase Agreement (Allis Chalmers Energy Inc.)

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LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a8.3(a) until the total of all Damages with respect to such matters exceeds One Hundred Thousand dollars ($150,000.00 100,000) and then only for the amount by which such Damages exceed One Hundred Thousand dollars ($150,000.00100,000). However, this Section 11.6 8.5 will not apply to claims under Section 11.4(b8.3(b) through Section 11.4(h(d) or matters arising in respect of Sections Section 4.4 or 4.5, fraud, or to any Breach breach of any of Buyer’s representations and warranties of which Buyer had Knowledge at any time before prior to the date on which such representation and warranty is made or any intentional Breach breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breachesbreaches.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nu Skin Enterprises Inc)

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to claims under Section 11.4(a11.3(a) until the total of all Damages with respect to such matters exceeds exceed Two Hundred Thousand Dollars ($150,000.00 200,000) and then only for the amount by which such Damages exceed Two Hundred Thousand Dollars ($150,000.00200,000). However, this Section 11.6 11.5 will not apply to claims under Section 11.4(b11.3(b) through Section 11.4(h(e) or matters arising in respect of Sections Section 4.4 (Brokers or 4.5, fraud, Finders) or to any Breach of any of Buyer’s representations and warranties of which Buyer had Knowledge at any time before prior to the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches.

Appears in 1 contract

Samples: Asset Purchase Agreement (Schawk Inc)

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