Common use of Aggregate Cap Clause in Contracts

Aggregate Cap. Aveanna shall fund payment of all Approved Claims for Out-Of-Pocket Losses reimbursement under ¶ 2.1.1 and for Time Losses reimbursement under ¶ 2.1.2(a) and/or ¶ 2.1.2(b) and payment for the cost of all Approved Claims for the Identity Theft Protection Service under ¶ 2.1.4, provided however that Aveanna’s total liability for funding such payments shall in no event exceed $800,000 (the “Aggregate Cap”). In the event the sum of the aggregate amount fundable for payment of Approved Claims for Out-Of-Pocket Losses reimbursement under ¶ 2.1.1 and for Time Losses reimbursement under ¶ 2.1.2(a) and/or ¶ 2.1.2(b), plus the aggregate amount fundable for payment for the cost of all Approved Claims for the Identity Theft Protection Service under ¶ 2.1.4, would but for the Aggregate Cap equal an amount that exceeds the Aggregate Cap, the amount of each Approved Claim for Out-Of-Pocket Losses reimbursement under ¶ 2.1.1 and for Time Loss reimbursement under ¶ 2.1.2(a) and/or ¶ 2.1.2(b), and the number of months of the Identity Theft Protection Service to be provided as to each Approved Claim for the Identity Theft Protection Service under ¶ 2.1.4, shall be reduced so as to achieve pro rata reductions in the amounts that would but for the Aggregate Cap be fundable under each of ¶¶ 2.1.1, 2.1.2, and 2.1.4, which pro rata reductions shall result in the Aveanna Payment equaling and in no event exceeding the Aggregate Cap.1

Aggregate Cap. Aveanna ▇▇▇▇’s shall fund payment of all Approved Claims for Out-Of-Pocket Losses expense reimbursement under ¶ 2.1.1 and compensation for Time Losses reimbursement time spent under ¶ 2.1.2(a2.1.1(a) and/or or ¶ 2.1.2(b2.1.1(b) and payment for the cost of all Approved Claims for the Identity Theft Protection Service identity theft protection service under ¶ 2.1.42.1.2, provided however that Aveanna▇▇▇▇’s total liability for funding such payments shall in no event not exceed $800,000 2,000,000 (the “Aggregate Cap”), and provided further that Arby’s liability for funding payment for the cost of the identity theft protection service under ¶ 2.1.2 shall not exceed the Identity Theft Protection Sub-Cap. If the aggregate amount of the funding required of ▇▇▇▇’s under this ¶ 2.2.6 is less than the Aggregate Cap, ▇▇▇▇’s shall retain any unfunded amount. In no event shall Arby’s liability to fund payments under this ¶ 2.2.6 exceed the Aggregate Cap, it being understood and agreed in this regard that in the event the sum of the aggregate amount fundable for payment of Approved Claims for Out-Of-Pocket Losses expense reimbursement under ¶ 2.1.1 and compensation for Time Losses reimbursement time spent under ¶ 2.1.2(a2.1.1(a) and/or or ¶ 2.1.2(b2.1.1(b), plus the aggregate amount fundable for payment for the cost (after application of all Approved Claims for the Identity Theft Protection Service Sub-Cap) for the identity theft protection service under ¶ 2.1.42.1.2, would but for the Aggregate Cap equal equals an amount that exceeds the Aggregate Cap, the amount of each Approved Claim for Out-Of-Pocket Losses expense reimbursement under ¶ 2.1.1 and compensation for Time Loss reimbursement time spent under ¶ 2.1.2(a2.1.1(a) and/or or ¶ 2.1.2(b), and the number of months of the Identity Theft Protection Service to be provided as to each Approved Claim for the Identity Theft Protection Service under ¶ 2.1.4, 2.1.1(b) shall be reduced so as to achieve by a pro rata reductions in the amounts percentage such that would but for Arby’s liability to fund payments under this ¶ 2.2.6 does not exceed the Aggregate Cap be fundable under each of ¶¶ 2.1.1, 2.1.2, and 2.1.4, which pro rata reductions shall result in the Aveanna Payment equaling and in no event exceeding the Aggregate Cap.1Cap.