Common use of Deductible Amount Clause in Contracts

Deductible Amount. Notwithstanding any provision of this Agreement to the contrary, none of the parties to this Agreement shall be required to make any indemnification or related payment under this Agreement or otherwise with respect to a claim asserted following the Option Closing alleging any breach of any of such party's representations, agreements, promises (covenants) and/or warranties under this Agreement, except to the extent that the cumulative amount of the damages actually incurred by the party seeking any such indemnification as a direct result of all such breaches of such representations, agreements, promises (covenants) and/or warranties actually exceeds, in the aggregate, the Deductible Amount (as define herein). The "Deductible Amount" shall be One Hundred Thousand Dollars ($100,000).