Common use of De Minimis, Threshold and Cap Clause in Contracts

De Minimis, Threshold and Cap. The SELLER will not be liable to the BUYER under Section 9.1: (i) if the amount due in connection with any single occurrence giving rise to liability pursuant to Section 9.1 does not exceed EUR 10.000,00 (ten thousands/00), unless the single occurrence giving rise to the SELLER liability is part of a series of occurrences arising out of the same set of facts totalling with respect to the same subject matter object of the relevant representation; (ii) until the aggregate of all amounts that would otherwise be due pursuant to Section 9.1 exceeds EUR 40.000,00 (forty thousand/00), in which case the SELLER liability will be paid in full it being agreed that, to the extent permitted by Article 1229 of the ICC, under no circumstances, the aggregate maximum liability of the SELLER under Section 9.1 will exceed the amount of the PURCHASE PRICE as eventually adjusted pursuant to Section 7 and paid to SELLER.

Appears in 1 contract

Sources: Share Purchase Agreement (Blue Sphere Corp.)

De Minimis, Threshold and Cap. The SELLER will not be liable to the BUYER under Section 9.1: (i) if the amount due in connection with any single occurrence giving rise to liability pursuant to Section 9.1 does not exceed EUR 10.000,00 20.000,00 (ten thousands/00twenty thousand/00), unless the single occurrence giving rise to the SELLER liability is part of a series of occurrences arising out of the same set of facts totalling with respect to the same subject matter object of the relevant representation, in the aggregate, more than EUR 40.000,00 (forty thousand/00); (ii) until the aggregate of all amounts that would otherwise be due pursuant to Section 9.1 exceeds EUR 40.000,00 60.000,00 (forty thousand/00sixty thousands/00), in which case the SELLER liability will be paid in full it being agreed that, to the extent permitted by Article 1229 of the ICC, under no circumstances, the aggregate maximum liability of the SELLER under Section 9.1 will exceed the amount of the PURCHASE PRICE as eventually adjusted pursuant to Section 7 and paid to SELLERADJUSTED PRICE.

Appears in 1 contract

Sources: Share Purchase Agreement (Blue Sphere Corp.)