Common use of Monetary Limitation Clause in Contracts

Monetary Limitation. Except as otherwise provided in this Agreement, Buyer shall have no claim under this Agreement against Seller or any other member of the BP Group for any Losses unless and until the aggregate of all such Losses incurred or sustained by Buyer Indemnified Parties (excluding any expenditures pursuant to Section 5.3(b)(i)(B)) exceeds five million dollars ($5,000,000) and then only for the excess over five million dollars ($5,000,000) (the “Threshold”); provided that Losses amounting to less than four hundred thousand dollars ($400,000) in the aggregate arising out of the same occurrence or matter shall not be aggregated with other Losses for purposes of determining whether and when the Threshold has been reached. After the Threshold has been reached, Seller shall have no obligation to indemnify Buyer Indemnified Parties under this Agreement with respect to such matters for any Losses amounting to less than four hundred thousand dollars ($400,000) in the aggregate arising out of the same occurrence or matter. For purposes of this Section 8.11, Losses shall exclude Rights-of-Way Losses, which are addressed in Section 8.13 below.

Monetary Limitation. Except as otherwise provided in this Agreement, Buyer shall have no claim under this Agreement against Seller or any other member of the BP Group for any Losses unless and until the aggregate of all such Losses incurred or sustained by the Buyer Indemnified Parties (excluding any expenditures pursuant to Section 5.3(b)(i)(B)) exceeds five million dollars Four Million Dollars ($5,000,0004,000,000) and then only for the excess over five million dollars Four Million Dollars ($5,000,0004,000,000) (the “"Threshold”"); provided that Losses amounting to less than four hundred thousand dollars Two Hundred Fifty Thousand Dollars ($400,000250,000) in the aggregate arising out of the same occurrence or matter shall not be aggregated with other Losses for purposes of determining whether and when the Threshold has been reached. After the Threshold has been reached, Seller shall have no obligation to indemnify the Buyer Indemnified Parties under this Agreement with respect to such matters for any Losses amounting to less than four hundred thousand dollars Two Hundred Fifty Thousand Dollars ($400,000250,000) in the aggregate arising out of the same occurrence or matter. For purposes of this Section 8.1115(j), Losses shall exclude Remediation Losses and Rights-of-Way Losses, which are addressed in Section 8.13 Sections 15(l) and 15(m), respectively, below.

Monetary Limitation. Except as otherwise provided in this Agreement, Buyer shall have no claim under this Agreement against Seller or any other member of the BP Group for any Losses unless and until the aggregate of all such Losses incurred or sustained by the Buyer Indemnified Parties (excluding any expenditures pursuant to Section 5.3(b)(i)(B)) exceeds five million dollars Five Million Dollars ($5,000,000) and then only for the excess over five million dollars Five Million Dollars ($5,000,000) (the “"Threshold”"); provided that Losses amounting to less than four hundred thousand dollars Two Hundred Fifty Thousand Dollars ($400,000250,000) in the aggregate arising out of the same occurrence or matter shall not be aggregated with other Losses for purposes of determining whether and when the Threshold has been reached. After the Threshold has been reached, Seller shall have no obligation to indemnify the Buyer Indemnified Parties under this Agreement with respect to such matters for any Losses amounting to less than four hundred thousand dollars Two Hundred Fifty Thousand Dollars ($400,000250,000) in the aggregate arising out of the same occurrence or matter. For purposes of this Section 8.1115(j), Losses shall exclude Rights-of-Way Remediation Losses, which are addressed in Section 8.13 15(l) below.

Monetary Limitation. Except as otherwise provided in this Agreement, Buyer shall have no claim under this Agreement against Seller or any other member of the BP Group for any Losses unless and until the aggregate of all such Losses incurred or sustained by the Buyer Indemnified Parties (excluding any expenditures pursuant to Section 5.3(b)(i)(B)) exceeds five million dollars Two Million Five Hundred Thousand Dollars ($5,000,0002,500,000) and then only for the excess over five million dollars Two Million Five Hundred Thousand Dollars ($5,000,0002,500,000) (the “"Threshold”"); provided that Losses amounting to less than four hundred thousand dollars Two Hundred Thousand Fifty Dollars ($400,000250,000) in the aggregate arising out of the same occurrence or matter shall not be aggregated with other Losses for purposes of determining whether and when the Threshold has been reached. After the Threshold has been reached, Seller shall have no obligation to indemnify the Buyer Indemnified Parties under this Agreement with respect to such matters for any Losses amounting to less than four hundred thousand dollars Two Hundred Fifty Thousand Dollars ($400,000250,000) in the aggregate arising out of the same occurrence or matter. For purposes of this Section 8.1115(j), Losses shall exclude Remediation Losses and Rights-of-Way Losses, which are addressed in Section 8.13 15(l) and 15(m), respectively, below.