LIMITS FOR RECOVERY OF LOSSES Sample Clauses

LIMITS FOR RECOVERY OF LOSSES. The Company shall not be liable as the indemnifying party for any Claims under this Section 6 unless and until the aggregate amount of all Claims hereunder by the Investors or other indemnified parties equals or exceeds $250,000, in which case the Company shall be liable for all Claims in the aggregate in excess of $250,000. The limitations set forth in the prior sentence shall not apply to Claims against the Company relating to the items set forth in SECTION 6.2(A)(II) through (V) and the Investor Indemnified Persons shall be entitled to indemnification from the Company for any Claims relating to the items set forth in SECTION 6.2(A)(II) through (V) without any limitation. In all cases, and notwithstanding anything herein to the contrary, the Company shall be subject to a maximum aggregate limit of all Claims against it equal to the aggregate purchase price paid by the Investors for the Series A Stock purchased hereunder.
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LIMITS FOR RECOVERY OF LOSSES. 7. MISCELLANEOUS.......................................................... 7.1.
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LIMITS FOR RECOVERY OF LOSSES. Neither party shall be liable as the Indemnifying Party for any Claims under Section 10(a)(i) or 10(b)(i) unless and until the aggregate amount of all Claims of the Indemnified Parties under such Sections equals or exceeds $75,000, in which case the Indemnifying Party shall be liable for all Claims of the Indemnified Parties under such Sections without regard to such $75,000 limitation. In all cases, and notwithstanding anything herein to the contrary, each party shall be subject to a maximum aggregate limit of all Claims against it equal to $10 million.
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LIMITS FOR RECOVERY OF LOSSES. The Company shall not be liable as the Indemnifying Party for any Claims under this Section 5 unless and until the aggregate amount of all Claims hereunder by Purchaser or other indemnified parties equals or exceed $75,000, in which case the Company shall be liable for all Claims of Purchaser without regard to such $75,000 limitation. The limitations set forth in the prior sentence shall not apply to Claims against the Company relating to the items set forth in Section 3.12 and the Purchaser Indemnified Persons shall be entitled to indemnification from the Company for any Claims relating to the items set forth in Section 3.12 without any limitation. In all cases, and notwithstanding anything herein to the contrary, the Company shall be subject to a maximum aggregate limit of all Claims against it equal to the aggregate purchase price paid by the Purchaser for the Common Shares.
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LIMITS FOR RECOVERY OF LOSSES. Notwithstanding anything herein to the contrary, BETI and Bird shall not be liable as Indemnitors for any Losses of Purchaser under this Article VIII unless and until the aggregate amount of all Losses hereunder by Purchaser equals or exceeds $50,000, in which case BETI and Bird shall be jointly and severally liable for all Losses pursuant to Section 8.1(a) of the indemnified parties identified in Section 8.1 up to a maximum aggregate amount of $500,000 (in excess of the $50,000 referred to above) and BETI and Bird shall be jointly and severally liable for all Losses pursuant to Section 8.1(b)(ii) of the indemnified parties identified in Section 8.1 up to a maximum aggregate amount of $125,000.
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LIMITS FOR RECOVERY OF LOSSES. (a) Notwithstanding anything herein to the contrary, the Minority Shareholders, either individually or collectively, shall not be liable for any Losses of GTSD, GTSD Sub, their directors or officers or a Principal Stockholder of GTSD under this Article V unless and until the aggregate amount of all Losses hereunder by such persons collectively equals or exceeds $100,000, in which event the Minority Shareholders shall be jointly and severally liable (except as otherwise expressly provided herein) for all Losses in the aggregate greater than $100,000, subject to the limit provided in Section 5.4(b).
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LIMITS FOR RECOVERY OF LOSSES. (a) Notwithstanding anything herein to the contrary, Seller shall not be liable for any Losses of the Buyer or its stockholders, officers, directors, employees, agents or Affiliates under this Section 9 unless and until (i) the Loss for each individual matter, item or claim exceeds $5,000 (such excess over $5,000 being the "Threshold Losses" for such matter, item or claim) and (ii) the aggregate amount of all Threshold Losses hereunder by such persons collectively equals or exceeds $200,000, in which event Seller shall be liable for all Threshold Losses in the aggregate greater than $200,000. Notwithstanding anything herein to the contrary, in no event shall the Seller be required to indemnify and hold harmless the Buyer or its stockholders, officers, directors, employees, agents or Affiliates for the amount, if any, by which the aggregate amount of such Threshold Losses hereunder exceeds $4,000,000, provided that all claims for indemnification for Threshold Losses against Seller hereunder which are deemed final either by (i) written agreement of the Seller or (ii) a final, non- appealable adjudication shall first be applied to offset the outstanding principal amount of the Subordinated Note.
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LIMITS FOR RECOVERY OF LOSSES. Neither party shall be liable as the Indemnifying Party for any Claims under Section 10(a) or 10(b) unless and until the aggregate amount of all Claims of the Indemnified Parties under such Sections equals or exceeds $75,000, in which case the Indemnifying Party shall be liable for all Claims of the Indemnified Parties under such Sections without regard to such $75,000 limitation; provided, however, this limitation shall not apply to any Claim with respect to Section 4.4(b). In all cases, and notwithstanding anything herein to the contrary, GEM shall be subject to a maximum aggregate limit of all Claims against it equal to $5 million, and Sellers shall be subject to a maximum aggregate limit of all Claims against it equal to the cash portion of the purchase price and the fair market value of the Sellers' LLC Units at the time of the determination of the amount of such Claims; provided, however, this limitation shall not apply to any Claim with respect to Section 4.4(b).
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Related to LIMITS FOR RECOVERY OF LOSSES

  • C3 Recovery of Sums Due C3.1 Wherever under the Contract any sum of money is recoverable from or payable by the Contractor to the Authority (including any sum which the Contractor is liable to pay to the Authority in respect of any breach of the Contract), the Authority may unilaterally deduct that sum from any sum then due, or which at any later time may become due to the Contractor from the Authority under the Contract or under any other agreement or contract with the Authority or the Crown.

  • RECOVERY OF ADDITIONAL COSTS If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation or application of any thereof by any court or administrative or governmental authority (including any request or policy not having the force of law) shall impose, modify or make applicable any taxes (except U.S. federal, state or local income or franchise taxes imposed on Lender), reserve requirements, capital adequacy requirements or other obligations which would (a) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (b) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (c) reduce the rate of return on Lender's capital as a consequence of Lender's obligations with respect to the credit facilities to which this Agreement relates, then Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, within five (5) days after Lender's written demand for such payment, which demand shall be accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the absence of manifest error.

  • Delivery of Collections The Borrower agrees to cause the delivery to the Servicer promptly (but in no event later than two (2) Business Days after receipt) all Collections (including any Deemed Collections) received by Borrower in respect of the Loans that are part of the Collateral.

  • Cost Recovery for RSTEP Requests by Registry Operator for the approval of Additional Services pursuant to Section 2.1 may be referred by ICANN to the Registry Services Technical Evaluation Panel (“RSTEP”) pursuant to that process at xxxx://xxx.xxxxx.xxx/en/registries/rsep/. In the event that such requests are referred to RSTEP, Registry Operator shall remit to ICANN the invoiced cost of the RSTEP review within fourteen (14) calendar days of receipt of a copy of the RSTEP invoice from ICANN, unless ICANN determines, in its sole and absolute discretion, to pay all or any portion of the invoiced cost of such RSTEP review.

  • Recovery of Costs If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding (and any additional proceeding for the enforcement of a judgment) in addition to any other relief to which it or they may be entitled.

  • Recovery of lost or stolen card If the lost or stolen card is recovered, you must immediately return to us the card cut in half without using it. You must not use the PIN and/or the TBS Access Code after reporting to us that the PIN and/or the TBS Access Code has been disclosed to a third party.

  • Delivery of Assets to Custodian The Trust shall deliver, or cause to be delivered, to the Custodian all of the Fund's Securities, cash and other investment assets, including (i) all payments of income, payments of principal and capital distributions received by the Fund with respect to such Securities, cash or other assets owned by the Fund at any time during the period of this Agreement, and (ii) all cash received by the Fund for the issuance of Shares. The Custodian shall not be responsible for such Securities, cash or other assets until actually received by it.

  • Recovery of Sums Due Wherever any sum of money is recoverable from or payable by the Contractor, the Authority may deduct that sum from any sum due, or which at any later time may become due to the Contractor under the Contract or under any other agreement with the Authority.

  • Certificates for Reimbursement A certificate of a Lender or the L/C Issuer setting forth the amount or amounts necessary to compensate such Lender or the L/C Issuer or its holding company, as the case may be, as specified in subsection (a) or (b) of this Section and delivered to the Borrower shall be conclusive absent manifest error. The Borrower shall pay such Lender or the L/C Issuer, as the case may be, the amount shown as due on any such certificate within 10 days after receipt thereof.

  • Recovery of Funds The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.

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