Common use of Maximum Recovery Clause in Contracts

Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Indemnifying Parties be liable for indemnification under this Section 7 in an amount in excess of [**]. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [**], but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.

Maximum Recovery. Notwithstanding anything in this Agreement ---------------- to the contrary, in no event shall the Indemnifying Parties Party be liable for indemnification under this Section 7 in an amount in excess of [**]the aggregate of the purchase price paid for the Shares, the Warrant and the amounts advanced and not repaid under the Note. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed U.S.$[**], but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.

Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Indemnifying Parties be liable for indemnification under this Section 7 in an amount in excess of [**]the aggregate of the purchase price paid for the Shares and the amounts advanced and not repaid under the Note. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [**]U.S.$50,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.

Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Indemnifying Parties be liable for indemnification under this Section 7 in an amount in excess of [**]the aggregate of the purchase price paid for the Shares and the Warrant. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [[ **]* ] , but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.

Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Indemnifying Parties Party be liable for indemnification under this Section 7 6 in an amount in excess of [**]the aggregate of the purchase price paid for the Shares. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [**]U.S. $250,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 76.

Maximum Recovery. Notwithstanding anything in this Agreement ---------------- to the contrary, in no event shall the Indemnifying Parties be liable in the case of the Company for indemnification under this Section 7 in an amount in excess of [**]the aggregate of the purchase price paid for the Shares and the amounts advanced and not repaid under the Note or in the case of EIS for indemnification hereunder in an amount in excess of such same aggregate. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [**]U.S.$50,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.

Maximum Recovery. Notwithstanding anything in this Agreement to the ---------------- contrary, in no event shall the Indemnifying Parties Party be liable for indemnification under this Section 7 6 in an amount in excess of [**]the aggregate of the purchase price paid for the Shares. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [**]U.S. $250,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 76.

Maximum Recovery. Notwithstanding anything in this Agreement to ---------------- the contrary, in no event shall the Indemnifying Parties Party be liable for indemnification under this Section 7 8 in an amount in excess of [**]the aggregate of the purchase price paid for the Securities, the Warrant and including Purchases made in respect of the Series B Preferred Stock. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [**]U.S.$50,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 78.

Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Indemnifying Parties be liable for indemnification under this Section 7 in an amount in excess of [**]] . No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [**]] , but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.

Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Indemnifying Parties be liable in the case of the Company for indemnification under this Section 7 in an amount in excess of, in the case of [**]the Company, $4.8 million or, in the case of EIS, $100,000. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [**]U.S.$50,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.