Common use of Limits on Amounts Clause in Contracts

Limits on Amounts. The Principal Stockholders, on the one hand, and the Buyer, on the other hand, shall not be liable under this Article 11 for Damages until such time as the Indemnitee has sustained otherwise indemnifiable Damages under this Agreement totaling Ten Thousand Dollars ($10,000) (the "Indemnity Basket"); provided that any representation or warranty in Article 2 that would be breached but for a qualification by "Material Adverse Effect," "material" or any similar term shall be treated as otherwise indemnifiable Damages for purposes of computing the Indemnity Basket. The Principal Stockholders, on the one hand, and the Buyer, on the other hand, shall not be liable under this Article 11 for Damages which, together with all other indemnifiable Damages under this Agreement, exceed an amount equal to the One Million seven Hundred Two Thousand Dollars ($1,702,000) (the "Indemnity Cap"). Notwithstanding the foregoing, the Indemnity Basket and Indemnity Cap shall not apply to: (a) claims by the Buyer for indemnification for Damages attributable to a breach of a representation or warranty in Sections 2.1, 2.2, 2.3, 2.4, 2.22, 2.23 or the second sentence of Section 2.7; and (b) claims by the Principal Stockholders for indemnification for Damages attributable to a misrepresentation or breach of warranty in Section 3.1, 3.2 or 3.4.

Limits on Amounts. The Principal StockholdersShareholders, on the one hand, and ----------------- the Buyer, on the other hand, shall not be liable under this Article 11 13 for Damages until such time as the Indemnitee has sustained otherwise indemnifiable Damages under this Agreement totaling Ten Twenty-One Thousand Dollars ($10,00021,000) (the "Indemnity Basket"); provided that any representation or warranty in Article 2 that would be breached but for a qualification by "Material Adverse Effect," "material" or any similar term shall be treated as otherwise indemnifiable Damages for purposes of computing the Indemnity Basket. The Principal StockholdersShareholders, on the one hand, and the Buyer, on the other hand, shall not be liable under this Article 11 13 for Damages which, together with all other indemnifiable Damages under this Agreement, exceed an amount equal to the One Four Million seven Two Hundred Two Thousand Dollars ($1,702,0004,200,000) (the "Indemnity Cap"). Notwithstanding the foregoing, the Indemnity Basket and Indemnity Cap shall not apply to: (a) claims by the Buyer for indemnification for Damages attributable to a breach of a representation or warranty in Sections 2.1, 2.2, 2.3, 2.4, 2.222.23, 2.23 2.24 or the second sentence of Section 2.72.8; and (b) claims by the Principal Stockholders Shareholders for indemnification for Damages attributable to a misrepresentation or breach of warranty in Section 3.1, 3.2 or 3.4.

Limits on Amounts. The Principal StockholdersSole Shareholder, on the one hand, ----------------- and the Buyer, on the other hand, shall not be liable under this Article 11 13 for Damages until such time as the Indemnitee has sustained otherwise indemnifiable Damages under this Agreement totaling the greater of (i) Ten Thousand Dollars ($10,000) and (ii) three percent (3%) of Target's fiscal 1997 net income before dividends, as reflected on the Target Financial Statements (the "Indemnity Basket"); provided that any representation or warranty in Article 2 that would be breached but for a qualification by "Material Adverse Effect," "material" or any similar term shall be treated as otherwise indemnifiable Damages for purposes of computing the Indemnity Basket. The Principal StockholdersSole Shareholder, on the one hand, and the Buyer, on the other hand, shall not be liable under this Article 11 13 for Damages which, together with all other indemnifiable Damages under this Agreement, exceed an amount equal to the One Ten Million seven Hundred Two Thousand Dollars ($1,702,00010,000,000) (the "Indemnity Cap"). Notwithstanding the foregoing, the Indemnity Basket and Indemnity Cap shall not apply to: (a) claims by the Buyer for indemnification for Damages attributable to a breach of a representation or warranty in Sections 2.1, 2.2, 2.3, 2.4, 2.222.23, 2.23 2.24 or the second sentence of Section 2.72.8; and (b) claims by the Principal Stockholders Sole Shareholder for indemnification for Damages attributable to a misrepresentation or breach of warranty in Section 3.1, 3.2 or 3.4.