Aggregate Damages definition
Examples of Aggregate Damages in a sentence
The Stockholder agrees that payment of the Unlimited Damages shall be in cash and that the Buyer's Aggregate Damages shall be sought first from the BN Stockholders and then from Enterprises and the Enterprises Stockholders before Buyer requires payment from the Stockholder of Article VI Damages, with the cash payments of Buyer's Aggregate Damages pursuant to the BN Stock Agreement and the Enterprises Asset Agreement to be credited to the Buyer's Aggregate Damages.
In the event that the Seller’s Aggregate Damages exceeds the Damage Floor Amount, Buyer shall be liable to each of Seller and the Foundation for its respective pro rata share of such excess, which share shall be in proportion to the percentage of Seller’s Aggregate Damages attributable to each of their respective transactions, up to a combined maximum of Twenty Million and No/100 U.S. Dollars (US $20,000,000.00) of liability.
Following such payment, Operator may continue to operate the Facility, so long as Operator continues to pay Liquidated Damages in accordance with this Agreement, subject to the Seasonal Damages Cap, but no longer subject to the Aggregate Damages Cap.
In no event shall the Buyer's and BBI's Aggregate Damages for purposes of indemnification of the Buyer and BBI exceed a limit (the "Damages Limit") of $3,000,000 plus the shares of Common Stock of BBI and options to purchase shares of Common Stock of BBI issued to the Battery Network Stockholders pursuant to the BN Stock Agreement (such shares and options collectively referred to as the "Equity Portion of the Damages Limit").
In the event that the Seller’s Aggregate Damages exceeds the Damage Floor Amount, Buyer shall be liable to each of Seller and the Castle Family for its respective pro rata share of such excess, which share shall be in proportion to the percentage of Seller’s Aggregate Damages attributable to each of their respective transactions, up to a combined maximum of Twenty Million and No/100 U.S. Dollars (US $20,000,000.00) of liability.
Subject to Operator’s waiver rights under Section 4.6, if the total of all Liquidated Damages paid by Operator since the Commencement Date depletes the entire amount of the Aggregate Damages Cap.
In determining the Threshold, there should be included, with respect to the Stockholders' obligations hereunder, all damages under Article VI of the WSB Stock Agreement (other than Unlimited Damages as defined therein) and all damages under Article VII of the Enterprises Asset Agreement (other than Unlimited Damages as defined therein) suffered by the Buyer (collectively, along with the Article VII damages hereunder, other than Unlimited Damages, hereinafter referred to as the "Buyer's Aggregate Damages").
In the event that the Buyer’s Aggregate Damages exceeds the Damage Floor Amount, Seller and the Castle Family shall each be liable to Buyer solely for their pro rata shares of such excess, in proportion to the percentage of Buyer’s Aggregate Damages attributable to their respective transactions, up to a combined maximum of Twenty Million and No/100 U.S. Dollars (US $20,000,000.00) of liability.
Operator may prevent the University from seeking to replace Operator on account of Chronic Non-Performance due to Operator reaching the Aggregated Damages Cap by agreeing to waive the Aggregate Damages Cap and pay the University the amount by which the aggregate Liquidated Damages otherwise payable by Operator exceeded the Aggregate Damages Cap.
If the University assumes operation of the Chilled Water Assets pursuant to Section 7.11.1, then the Aggregate Damages Cap shall be reduced to the lesser of the following: (a) $3,000,000; or (b) the then unused portion of the Aggregate Damages Cap.