Cushion. The provisions for indemnity contained in Section 9.3 and Section 9.4 hereof shall only be effective with respect to an Indemnifiable Claim (or, if more than one Indemnifiable Claim is asserted, with respect to all Indemnifiable Claims) to the extent the amount (or aggregate amount, in the case of more than one Indemnifiable Claim) of damages sustained in connection therewith exceeds One Hundred Thousand dollars (USD$100,000), but to the extent that the amount or amounts of damages in respect of Indemnifiable Claims exceeds $100,000, the indemnity provisions hereunder shall apply to all such damages, without regard to the $100,000 level.
Appears in 2 contracts
Sources: Asset Exchange Agreement (PLD Telekom Inc), Asset Exchange Agreement (News America Inc)