Common use of Maximum Aggregate Consideration Clause in Contracts

Maximum Aggregate Consideration. Notwithstanding the above, neither party shall be required to pay more than the Maximum Aggregate Consideration pursuant to this Agreement; PROVIDED that for all purposes of determining whether a party has reached its Maximum Aggregate Consideration, the aggregate payments made by such party to the other party pursuant to this Agreement shall be deemed to be reduced by the aggregate payments made to such party from the other party pursuant to this Agreement. Each party's "Maximum Aggregate Consideration" shall mean, (i) if the determination is made in respect of the first four years following the Closing, $125 million, (ii) if the determination is made in respect of the fifth year following Closing, $115 million, and (iii) if the determination is made in respect of the sixth year following the Closing, $105 million. Once a party has paid the Maximum Aggregate Consideration, it shall not be entitled to "clawback" consideration in years five or six, even though the Maximum Aggregate Consideration designated for the then-current year is less than the amount previously paid.

Maximum Aggregate Consideration. Notwithstanding the above, neither party shall be required to pay more than the Maximum Aggregate Consideration pursuant to this Agreement; PROVIDED provided that for all purposes of determining whether a party has reached its Maximum Aggregate Consideration, the aggregate payments made by such party to the other party pursuant to this Agreement shall be deemed to be reduced by the aggregate payments made to such party from the other party pursuant to this Agreement. Each party's "’s “Maximum Aggregate Consideration" ” shall mean, (i) if the determination is made in respect of the first four years following the Closing, $125 million, (ii) if the determination is made in respect of the fifth year following Closing, $115 million, and (iii) if the determination is made in respect of the sixth year following the Closing, $105 million. Once a party has paid the Maximum Aggregate Consideration, it shall not be entitled to "“clawback" ” consideration in years five or six, even though the Maximum Aggregate Consideration designated for the then-current year is less than the amount previously paid.