Cap Limitation definition
Examples of Cap Limitation in a sentence
In no event shall the total liability of the Seller with respect to the indemnifications provided for in SECTION 10.1, or the liability of the Buyer with respect to the indemnification provided for in SECTION 10.2, as applicable, exceed in the aggregate the Cap Limitation.
Notwithstanding the foregoing, if after the Effective Date, Seller has conveyed title to the Property to another party or intentionally and knowingly taken any other action to defeat the remedy of specific performance, Purchaser shall be entitled to seek actual damages from Seller not to exceed the Cap Limitation.
Such forecasts are for planning purposes only, and do not constitute, and are not intended by the Parties to be, a commitment or obligation of MDx to request any amount of Services during such calendar quarter, and, without limiting MDx obligations with respect to the 30% Cap Limitation in Section 3.6, shall not impose a limitation on the volume of Services that MDx may request during such calendar quarter.
In no event shall the liability of the Buyer with respect to the indemnification provided for in Section 11.2 exceed in the aggregate the Cap Limitation; provided that the Basket Limitation and Cap Limitation shall not apply to the Buyer's obligations under Article X or Sections 3.4(k), 7.1, 14.1, 14.3, 14.4, 14.6(a) or 15.2, or to any breach of any representation or warranty of the Buyer contained in Section 4.1(b)(ii) or Section 4.1(f) of this Agreement (the “Buyer Fundamental Representations”).
Notwithstanding anything herein to the contrary, the Basket Limitation, the Cap Limitation, the Tax Cap Limitation and the Survival Period shall not apply to the Excluded Liabilities.