TOTAL LIABILITY CAP Clause Samples
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TOTAL LIABILITY CAP. In no event shall the total amount of all Losses for which the Buyer Indemnified Parties shall be entitled to indemnification resulting from, or arising out of, breaches and inaccuracies of representations or warranties pursuant to Section 8.02(a) or breaches of covenants, agreements and obligations pursuant to Section 8.02(b) exceed fifteen percent (15%) of the Base Purchase Price (the “Total Liability Cap”); provided, however, that any indemnification by the Sellers in respect of indemnifiable Losses (i) arising out of a breach of any Fundamental Representations of the Sellers pursuant to Section 8.02(a), (ii) arising out of the Whitestar Litigation pursuant to Section 8.02(c), (iii) that constitute Tax Losses or (iv) resulting from actual fraud shall not be subject to, nor be included in the calculation of, the Total Liability Cap; provided further, however, that notwithstanding anything to the contrary, in no event shall the Sellers (or any of them) be obligated to pay an aggregate amount in respect of all indemnification obligations under this Article VIII or otherwise that exceeds the Purchase Price.
TOTAL LIABILITY CAP. Notwithstanding anything to the contrary contained herein, Contractor’s cumulative aggregate liability hereunder, whether in contract, warranty (including in respect of Corrective Work), tort, (including negligence whether sole or concurrent), strict liability, products liability, professional liability, indemnity, contribution, statute, at law, in equity, or any other cause of action, shall not exceed an amount equal to [***]; provided that, notwithstanding the foregoing, the limitation of liability set forth in this Section 21.1 shall not: (a) apply in the event of Abandonment of the Project by Contractor; (b) apply to Contractor’s indemnification obligations under this Agreement with respect to: (i) any claims brought by Third Parties (for purposes of this Section 21.1 “
TOTAL LIABILITY CAP. A Seller’s total liability for all claims of Purchaser other than Exempted Claims shall not exceed an amount equal to *. Bird & Bird / METIS ASPA EXECUTION COPY Project London 11.12.2011
TOTAL LIABILITY CAP. (a) The total liability of Sellers for breaches of Collective Corporate Guarantees and Collective Business Guarantees excluding, however, Section 7.3.13 (“Environment”), shall be capped at an amount equal to USD 6,000,000.
(b) The liability of Sellers for any breaches which are not explicitly capped under this Section 12.1 shall be uncapped.
TOTAL LIABILITY CAP. A Seller’s total liability for all claims of Purchaser other than Exempted Claims shall not exceed an amount equal to *. * CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK *, HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Bird & Bird / METIS 51 /66 ASPA EXECUTION COPY Project London 11.12.2011
TOTAL LIABILITY CAP. The Parties agree that in no event shall Authority’s total liability (whether in contract, tort or otherwise) for all claims relating to a Project exceed ten percent (10%) of the Total Reimbursement Costs for such Project set forth in the respective CPC.