Aggregate Threshold Clause Samples

An Aggregate Threshold clause sets a cumulative limit or minimum amount that must be reached before certain contractual obligations, such as indemnification or liability, are triggered. In practice, this means that claims or losses are only actionable once their total value surpasses the specified threshold, regardless of the number of individual incidents. This clause helps prevent parties from being burdened by numerous small claims, ensuring that only significant issues require formal resolution or compensation.
Aggregate Threshold. Notwithstanding anything herein to the contrary, adjustments to the Purchase Price prior to Closing for Title Defects shall only be made once the aggregate amount of all Title Defects exceed the Aggregate Threshold, in which event, Buyer shall be entitled to an adjustment to the Purchase Price for Title Defects of which Buyer provided notice to the Seller Representative in accordance with Section 3.04(a).
Aggregate Threshold. Section 8.3 . . . . 23
Aggregate Threshold. This Clause 16.3(b) applies solely to those Transfers which, at any given time, took place within the previous five (5) years but excludes those Transfers which, at such time, have exceeded the applicable per-Country Transfer threshold under Clause 16.3(a) (collectively, the “Aggregated Transfers”). In each accounting year, Equant will reimburse SITA SC (or the applicable SITA Group Company) for the Material Financial Detriment Costs SITA SC (or the applicable SITA Group Company) incurs in respect of such Aggregated Transfers in excess of five percent (5%) of the sum of the budgeted costs described in Clause 16.3(a)(i) for such Aggregated Transfers. SITA SC (or the applicable SITA Group Company) will solely bear the Material Financial Detriment Costs resulting from such Aggregated Transfers until this aggregate threshold is exceeded.
Aggregate Threshold. 9.6(a) Agreement Date . . . . . . . .
Aggregate Threshold unless the aggregate amount claimed (excluding any legal or professional costs in respect of the Claims) in respect of all Warranty Claims and Tax Claims which exceed the De Minimis exceeds $17 million and then only to the extent of the excess (except in respect of any Claim relating to a Fundamental Warranty, in which case this clause 15.2(b) will not apply).
Aggregate Threshold ss. 7.04 Agreement............................
Aggregate Threshold. Seller shall have no liability to Buyer or any other Buyer Indemnified Party with respect to Losses described in Section 10.1, unless and until the aggregate of such Losses (each exceeding the per item threshold described in Section 10.4(a) above) exceeds an aggregate threshold equal to $16,000,000, and then from the first dollar of such Losses. For the avoidance of doubt, the aggregate threshold shall not apply to Losses associated with Known Litigation, Excluded Liabilities, MTLA Breaches or the W▇▇▇▇ Litigation. Additionally, this Section 10.4(b) shall not apply to Section 4.1(m)(iv), any Losses under Section 10.11 (taxes) or breaches of representations or warranties that constitute fraud.
Aggregate Threshold. There shall be liability of the Sellers only with respect to such claims as defined in Article 9.5.1 which, in the aggregate exceed CHF 5'000'000 (five million Swiss Francs). In such event the Sellers shall be liable with respect to the whole amount of the claims as defined in Article 9.5.1.

Related to Aggregate Threshold

  • Threshold Neither the Seller nor the Purchaser shall be required to make any indemnification payment pursuant to Section 8.1 or 8.2, respectively, until such time as the total amount of all Damages that have been directly or indirectly suffered or incurred by an Indemnified Party, or to which an Indemnified Party has or otherwise becomes subject to, exceeds $50,000 in the aggregate. At such time as the total amount of such Damages exceeds $50,000 in the aggregate, the Indemnified Party shall be entitled to be indemnified against the full amount of such Damages (and not merely the portion of such Damages exceeding $50,000).

  • Collateral Threshold If the Parties have in place between them an Edison Electric Institute Master Power Purchase and Sale Agreement, and have selected Collateral Threshold Applicable under EEI on the Cover Sheet, then, notwithstanding whether an Event of Default has occurred, the Termination Payment that would be owed to by a Party hereunder will be included in the calculation of each Party’s Termination Payment under (and as defined in) such agreement, and an event of default under such agreement will be an Event of Default hereunder and an Event of Default hereunder will be an event of default under such agreement. If the Parties have in place between them an ISDA Master Agreement with Credit Support Annex, and have selected Collateral Threshold Applicable under ISDA on the Cover Sheet, then, notwithstanding whether an Event of Default has occurred, the Termination Payment that would be owed to by a Party hereunder will be included in the calculation of each Party’s Exposure under (and as defined in) such agreement, and an event of default under such agreement will be an Event of Default hereunder and an Event of Default hereunder will be an event of default under such agreement. If the Parties have elected either of the two foregoing options but at any time do not have in effect between them the referenced other agreements, or such referenced agreements do not provide for the exchange of margin or collateral thresholds, or if the Parties have selected Collateral Threshold Applicable Standalone on the Cover Sheet, if at any time and from time to time, notwithstanding whether an Event of Default has occurred, the Termination Payment that would be owed to by a Party plus that Party’s Independent Amount, if any, exceeds the Collateral Threshold specified, then the Party to whom such amount would be owed, on any Business Day, may request that owing Party to provide Performance Assurance in an amount equal to the amount of such excess, less any Performance Assurance already posted. Such Performance Assurance will be provided within three Business Days of the date of request. On any Business Day, but no more frequently than weekly with respect to letters of credit and daily with respect to cash, if there has been a reduction in the amount of such excess, the posting Party may request that such Performance Assurance be reduced correspondingly by the amount of such excess, if any. Failure to provide such Performance Assurance to the requesting Party within three Business Days of request is an Event of Default. For purposes of this Section, the Termination Payment will be calculated pursuant to Article 5 by the requesting Party as if the posting Party had defaulted and all outstanding Transactions had been liquidated, even if that is not actually the case, and in addition thereto, and include the net amount of all amounts owed but not yet paid between the Parties, whether or not such amounts are due, for performance already provided pursuant to any and all Transactions. A Party holding Performance Assurance in the form of cash posted by the other Party will pay the posting Party interest on such cash, monthly, at the Federal Funds rate of interest.

  • Emergency Thresholds The following matrix presents the emergency thresholds that, if reached by any of the services mentioned above for a TLD, would cause the emergency transition of the Registry for the TLD as specified in Section 2.13 of this Agreement. DNS Service (all servers) 4-hour total downtime / week DNSSEC proper resolution 4-hour total downtime / week EPP 24-hour total downtime / week RDDS (WHOIS/Web-based WHOIS) 24-hour total downtime / week Data Escrow Breach of the Registry Agreement as described in Specification 2, Part B, Section 6.

  • Aggregate Net Assets For each Retirement Distribution Portfolio, Aggregate Net Assets include the net assets of all the JHF II Retirement Distribution Portfolios.

  • Aggregate Limit The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.2, 2.12 and 5.5 hereof.