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 the matters described in CLAUSE (i) or (ii) of ARTICLE XI, SECTION 4 until the total of all Damages with respect to such matters exceeds Twenty-Five Thousand and no/100 Dollars ($25,000.00), and then only for the amount by which such Damages exceed Twenty-Five Thousand and no/100 Dollars ($25,000.00). This ARTICLE XI, SECTION 7 will not apply, however, to any breach of any of Buyer's representations and warranties of which Buyer had Knowledge at any time 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 and Sale Agreement (Iti Technologies Inc)

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LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to the matters described in CLAUSE (iclaims under Section 12.4(a) or (ii) of ARTICLE XI, SECTION 4 until the total of all Damages with respect to such matters exceeds Twentyfifty-Five Thousand and no/100 Dollars thousand dollars ($25,000.00), 50,000) and then only for the amount by which such Damages exceed Twentyfifty-Five Thousand and no/100 Dollars thousand dollars ($25,000.0050,000). This ARTICLE XIHowever, SECTION 7 this Section 12.6 will not applyapply to claims under Section 12.4(b) through (e) or matters arising in respect of Sections 4.4, however4.11, 4.12, or 4.20 or to any breach Breach of any of Buyer's representations and warranties of which Buyer had Knowledge at any time 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 (MotivNation, Inc.)

LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (for indemnification or otherwise) with respect to the matters described in CLAUSE (iclaims under Section 11.4(a) or (ii) of ARTICLE XI, SECTION 4 until the total of all Damages with respect to such matters exceeds Twenty-Five Thousand and no/100 Dollars One Hundred thousand dollars ($25,000.00), 100,000) and then only for the amount by which such Damages exceed Twenty-Five Thousand and no/100 Dollars One Hundred thousand dollars ($25,000.00100,000), up to a maximum of 50% of the Purchase Price in the aggregate. This ARTICLE XIHowever, SECTION 7 this Section 11.6 will not apply, however, apply to claims under Section 11.4(b) through (d) or matters arising in respect of Section 4.4 or to any breach of any of Buyer's ’s representations and warranties of which Buyer had Knowledge knowledge at any time 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

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LIMITATIONS ON AMOUNT--BUYER. The Buyer will have no liability (for indemnification or otherwise) with respect to the matters described in CLAUSE (iSection 10.4(a) or (ii) of ARTICLE XI, SECTION 4 until the total of all Damages with respect to such matters exceeds Twenty-Five Thousand and no/100 Dollars ($25,000.00)100,000, and then only after which the Buyer will be liable for the total of all Damages. The aggregate amount by of all Damages for breaches of representations and warranties for which such Damages Parent Seller shall be entitled to be indemnified under this Article X shall not exceed Twenty-Five Thousand and no/100 Dollars (the sum of $25,000.00)3,000,000. This ARTICLE XIHowever, SECTION 7 this Section 10.7 will not apply, however, apply to (a) any breach Breach of any of the Buyer's ’s representations and warranties of which the Buyer had Knowledge at any time prior to the date on which such representation and warranty is made or (b) any intentional breach Breach by the Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such breaches.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Measurement Specialties Inc)

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