Amount of Indemnification. In the performance of any of the foregoing indemnities, the indemnifying party will pay to, or reduce any claim against, the other party in the amount which would then be required to establish the other party in the position that it would have held had each such representation or warranty been true, complete and correct, had each such obligation been fulfilled, and had each such covenant and agreement been fully performed. The foregoing notwithstanding, the aggregate amount of indemnification paid by an indemnifying party shall not exceed the Purchase Price.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Focus Enhancements Inc), Purchase and Sale Agreement (Focus Enhancements Inc)