Aggregate Minimum Claims. 11.3.1 The Seller shall not be liable for any claim (or a series of claims arising from substantially identical facts or circumstances) under or in respect of the Seller’s Warranties (other than the Fundamental Warranties) unless the aggregate amount of all such claims for which the Seller would otherwise be liable (disregarding the provisions of this Clause 11.3) exceeds an amount equal to £1,250,000. 11.3.2 Where the liability agreed or determined in respect of all claims referred to in Clause 11.3.1 exceeds an amount equal to £1,250,000, the liability of the Seller shall be for the whole amount of such claim(s) and not limited to the amount of the excess.
Appears in 2 contracts
Sources: Sale and Purchase Agreement, Sale and Purchase Agreement (TerraForm Power, Inc.)
Aggregate Minimum Claims. 11.3.1 The Seller shall not be liable for any claim (or a series of claims arising from substantially identical facts or circumstances) under or in respect of the Seller’s Warranties (other than the Fundamental Warranties) Claim unless the aggregate amount of all such claims Claims for which the Seller would otherwise be liable (disregarding the provisions of this Clause 11.3) exceeds an amount equal to £1,250,000€500,000.
11.3.2 Where the liability agreed or determined in respect of all claims Claims referred to in Clause 11.3.1 exceeds an amount equal to £1,250,000€500,000 subject as provided elsewhere in this Clause 11, the liability of the Seller shall be liable for the whole amount of such claim(s) and not limited to the amount of all such Claims as agreed or determined and not just the excessexcess (no deductible).
Appears in 1 contract
Sources: Put Option Agreement (LyondellBasell Industries N.V.)