Common use of Overall Cap Clause in Contracts

Overall Cap. Notwithstanding anything to the contrary contained in this Article 11, but subject to the limitations set forth in Sections 11.3(a) through 11.3(c), no Seller shall be liable to Buyer under Sections 11.2(a)(i) and 11.2(b) in excess of such Seller’s pro rata portion (based on the Seller’s respective Ownership Percentages) of the Purchase Price.

Appears in 2 contracts

Sources: Membership Interest Purchase Agreement (Hi-Crush Partners LP), Membership Interest Purchase Agreement