Common use of Minimum and Maximum Amount Clause in Contracts

Minimum and Maximum Amount. Notwithstanding the foregoing, and subject to the following provisions, the amount of Indemnifiable Damages payable by the Seller and JCI arising under Section 8.1 hereof shall be limited as follows: (i) The Buyer shall not be entitled to recover Indemnifiable Damages for any matter described in Sections 8.1(a) or 8.1(d) hereof unless and until the aggregate of all Claims for Indemnifiable Damages asserted pursuant to such Sections hereof exceeds $250,000 and then only for the excess over $250,000. The limitations set forth in this provision do not apply to Indemnifiable Damages asserted pursuant to Section 8.1(e) hereof. (ii) The amount of Indemnifiable Damages payable by the Seller and JCI arising out of or relating to the inaccuracy or breach of a representation or warranty pertaining to Section 4.16 (Environmental) shall in no event exceed $4,000,000 in the aggregate. The limitations set forth in this provision do not apply to Indemnifiable Damages asserted pursuant to Section 8.1(e) hereof. (iii) The amount of Indemnifiable Damages payable by the Seller and JCI arising out of or relating to Section 8.1(a) [except as to the inaccuracy or breach of a representation or warranty pertaining to Section 4.16 (Environmental), to which the provisions of Section 8.6(a)(ii) shall apply]; or Section 8.1(d) shall in no event exceed $1,500,000 in the aggregate. The limitations set forth in this provision do not apply to Indemnifiable Damages asserted pursuant to Section 8.1(e) hereof.