Limitations on Liability of Seller. Notwithstanding anything to the contrary herein:
Limitations on Liability of Seller. Notwithstanding any other provision of this Agreement:
Limitations on Liability of Seller. Notwithstanding anything to the contrary herein, Seller’s indemnity obligations pursuant to Section 8.4 shall be subject to the following limitations:
Limitations on Liability of Seller. THE SELLER WILL NOT BE LIABLE FOR ANY RIGHT, CLAIM OR REMEDY, AND THE BUYER WILL INDEMNIFY THE SELLER AGAINST THE CLAIMS OF ANY THIRD PARTIES FOR ANY DEFECT, NONCONFORMANCE OR PROBLEM OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY REPAIR OF WARRANTED PARTS OR ANY OTHER ACTIONS UNDERTAKEN BY THE BUYER UNDER THIS SUB-CLAUSE 12.1.7, INCLUDING BUT NOT LIMITED TO: (I) LIABILITY IN CONTRACT OR TORT, (II) LIABILITY ARISING FROM THE BUYER'S ACTUAL OR IMPUTED NEGLIGENCE, INTENTIONAL TORTS AND/OR STRICT LIABILITY, AND/OR (III) LIABILITY TO ANY THIRD PARTIES.
Limitations on Liability of Seller. The liability of Seller under Section 6.1 of this Agreement shall be without deduction or limitation, except that such liability shall be only to a maximum amount of $1.5 million and may be payable in the form of the Promissory Note. Seller may, at Seller’s discretion, offset any amount that Seller may owe to Purchaser, if any, as indemnity pursuant to this Article 6, against amounts owed by Purchaser to Seller under the Note.
Limitations on Liability of Seller. The parties agree that Article 201 of the Swiss Code of Obligations is not applicable to any claim arising out of or in connection with this Agreement.
Limitations on Liability of Seller. (a) Notwithstanding any other provisions of this Agreement to the contrary, the Seller shall not have any liability under or in connection with this Agreement or the transactions contemplated hereby for any Losses with respect to any individual claim (as the case may be) unless and until such Losses claimed exceed Three Million United States dollars (US$3,000,000) ("DE MINIMIS AMOUNT"); PROVIDED, HOWEVER, that such limitation shall not apply to any breach by the Seller of the representations and warranties set forth in SECTION 3.2.
Limitations on Liability of Seller. Notwithstanding any other provision of this Agreement or any right or remedy available under any law, from and after the Closing:
Limitations on Liability of Seller. The liability of Seller under Section 7.1 of this Agreement shall be without deduction or limitation, except that such liability shall:
Limitations on Liability of Seller. (a) Buyer Indemnitees shall not be entitled to indemnification pursuant to Section 10.3(a) until the aggregate amount of Seller’s indemnification obligations to Buyer Indemnitees for Damages pursuant to this ARTICLE X, determined without regard to this Section 10.6, exceeds $25,000, in which event Seller’s indemnification obligations shall be for the amount of Damages from the first dollar of such Damages.
