Common use of Damages from Purchaser Clause in Contracts

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.3(a) unless and until the accumulated aggregate amount of Damages of the Vendor Indemnified Parties arising pursuant to Section 6.3(a) exceeds the Claim Basket, in which event the accumulated aggregate amount of all such Damages in excess of the Claim Basket may be recovered. Such limitation shall have no application to any Indemnity Claim based on any incorrectness in or breach of (i) any Purchaser Fundamental Representation, or (ii) any other representation or warranty of the Purchaser in this Agreement resulting from fraud or intentional misrepresentation by the Purchaser, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.3(b).

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.3(a4.3(a) unless and until the accumulated aggregate amount of Damages of the Vendor Indemnified Parties arising pursuant to Section 6.3(a4.3(a) exceeds the Claim BasketDeductible, in which event the accumulated aggregate amount of all such Damages in excess of the Claim Basket Deductible may be recoveredrecovered up to a maximum amount equal to the $3,000,000. Such limitation shall have no application to any Indemnity Claim claim to recover Damages based on any incorrectness in or breach of (i) any representation or warranty of the Purchaser Fundamental Representationin Sections 2.2(1) or 2.2(2) of this Agreement, or (ii) any other representation or warranty of the Purchaser in this Agreement resulting from fraud or intentional misrepresentation by the Purchaser, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.3(b4.3(b).

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.3(a6.4(a) unless and until the accumulated aggregate amount of Damages of the Vendor Vendor’s Indemnified Parties arising pursuant to Section 6.3(a6.4(a) exceeds the Claim Basket$400,000, in which event the accumulated aggregate amount of all such Damages in excess of the Claim Basket may be recovered. Such limitation shall have no application to any Indemnity Claim claim to recover Damages based on any incorrectness in or breach of (i) any representation or warranty of the Purchaser Fundamental Representationin Sections 3.2(1) or (2) of this Agreement, or (ii) any other representation or warranty of the Purchaser in this Agreement resulting from fraud or intentional misrepresentation by the Purchaser, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.3(b6.4(b).

Damages from Purchaser. No Damages may be recovered from the Purchaser pursuant to Section 6.3(a6.6(a) unless and until the accumulated aggregate amount of Damages of the Vendor Vendors’ Indemnified Parties arising pursuant to Section 6.3(a6.6(a) exceeds the Claim Basket$400,000, in which event the accumulated aggregate amount of all such Damages in excess of the Claim Basket may be recovered. Such limitation shall have no application to any Indemnity Claim claim to recover Damages based on any incorrectness in or breach of (i) any representation or warranty of the Purchaser Fundamental Representationin Sections 3.4(1) or (2) of this Agreement, or (ii) any other representation or warranty of the Purchaser in this Agreement resulting from fraud or intentional misrepresentation by the Purchaser, nor shall the limitation be construed to apply to any of the indemnities in Sections 6.3(b6.6(b).