Common use of Limitations on Claims Clause in Contracts

Limitations on Claims. (a) Neither Party shall have any obligation to indemnify the other Indemnified Party until the aggregate amount of all Losses incurred by such Party that are subject to indemnification pursuant to this Article 11 equal or exceed one percent (1%) of the Purchase Price (the “Deductible”) in which event the Indemnifying Party shall be liable for Losses only to the extent they are in excess of the Deductible; provided that, the Deductible shall not apply to Losses resulting from, arising out of or relating to (i) any willful breach of any representation or warranty, or (ii) any breach of Seller’s covenant set forth in Section 5.09, or (iii) fraud.

Limitations on Claims. (a) Neither Party shall have any obligation to indemnify the other Indemnified Party until the aggregate amount of all Losses incurred by such Party that are subject to indemnification pursuant to this Article 11 equal or exceed one percent (1%) of the Purchase Price (the “Deductible”) in which event the Indemnifying Party shall be liable for Losses only to the extent they are in excess of the Deductible; provided that, the Deductible shall not apply to Losses resulting from, arising out of or relating to (i) any willful breach of any representation or warranty, warranty or (ii) any breach of Seller’s covenant set forth in Section 5.09, or (iii) fraud.

Limitations on Claims. (a) Neither Party shall have any obligation to indemnify the other Indemnified Party until the aggregate amount of all Losses incurred by such Party that are subject to indemnification pursuant to this Article 11 equal or exceed one percent (1%) of the Purchase Price (the “Deductible”) in which event the Indemnifying Party shall be liable for Losses only to the extent they are in excess of the Deductible; provided that, the Deductible shall not apply to Losses resulting from, arising out of or relating to (i) any willful breach of any representation or warranty, or (ii) any breach of Seller’s covenant set forth in Section 5.09, or (iii) fraud.

Limitations on Claims. (a) Neither Party shall have any obligation to indemnify the other Indemnified Party until the aggregate amount of all Losses incurred by such Party that are subject to indemnification pursuant to this Article 11 equal or exceed one percent (1%) of the Purchase Price (the “Deductible”) in which event the Indemnifying Party shall be liable for Losses only to the extent they are in excess of the Deductible; provided that, the Deductible shall not apply to Losses resulting from, arising out of or relating to (i) any willful breach of any representation or warranty, or (ii) any breach of Seller’s covenant set forth in Section 5.09, or (iii) fraud.

Limitations on Claims. (a) Neither Party shall have any obligation to indemnify the other Indemnified Party until the aggregate amount of all Losses incurred by such Party that are subject to indemnification pursuant to this Article 11 equal equals or exceed one exceeds two percent (12%) of the Purchase Price (the “Deductible”) in which event the Indemnifying Party shall be liable for Losses only to the extent they are in excess of the Deductible; provided that, the Deductible shall not apply to Losses resulting from, arising out of or relating to (i) any willful breach of any representation or warranty, or (ii) any breach of Seller’s covenant set forth in Section 5.09, or (iii) fraud.

Limitations on Claims. (a) Neither Party shall have any obligation to indemnify the other Indemnified Party until the aggregate amount of all Losses incurred by such Party that are subject to indemnification pursuant to this Article 11 equal equals or exceed exceeds one percent (1%) of the Final Purchase Price (the “Deductible”) in which event the Indemnifying Party shall be liable for Losses only to the extent they are in excess of the Deductible; provided provided, that, the Deductible shall not apply to Losses resulting from, arising out of or relating to (i) any breach of Seller’s covenant set forth in Section 5.08 or Seller’s representation and warranty set forth in Section 3.11(h), (ii) any willful breach of any representation or warranty, or (ii) any breach of Seller’s covenant set forth in Section 5.09, or (iii) fraud.

Limitations on Claims. (a) Neither An Indemnifying Party shall have any no obligation to indemnify the other an Indemnified Party until the aggregate amount of all Losses incurred by such Party that are subject to indemnification by such Indemnifying Party pursuant to this Article 11 equal or exceed one percent (1%) of the Purchase Price (the “Deductible”) in which event the Indemnifying Party shall be liable for Losses only to the extent they are in excess of the Deductible; provided that, the Deductible shall not apply to Losses resulting from, arising out of or relating to (i) any willful breach of any representation or warranty, or (ii) any breach of Seller’s covenant set forth in Section 5.09, fraud or (iii) frauda breach of any representation or warranty made by Seller in this Agreement resulting from any failure of the Project Company to comply with applicable Law regarding the provision of security to the Project’s construction contractor.