Common use of Limitations on Indemnifiable Damages Clause in Contracts

Limitations on Indemnifiable Damages. Notwithstanding the foregoing, other than Indemnifiable Damages (a) due to fraud or intentional misrepresentation on behalf of the Seller or the Shareholder or (b) arising out of an inaccuracy or breach of any representations or warranty contained in Sections 4.1, 4.2, 4.3, 4.4(a), 4.5, 4.6, 4.21, 4.23 and 4.30, for which there shall be no limitation on the Seller's breach, (x) the maximum amounts of Indemnifiable Damages payable by the Seller and the Shareholder arising under Section 10.1(a) shall not exceed the Purchase Price and (y) the Buyer shall not be entitled to recover Indemnifiable Damages for any matter described in Section 10.1(a) unless and until the aggregate of all claims for Indemnifiable Damages asserted pursuant to Section 10.1(a) exceeds $25,000.

Limitations on Indemnifiable Damages. Notwithstanding the foregoing, other than Seller Indemnifiable Damages (a) due to fraud or intentional misrepresentation on behalf of the Seller Buyer or the Shareholder Promega or (b) arising out of an inaccuracy or breach of any representations representation or warranty contained in Sections 4.15.1, 4.25.2, 4.35.3, 4.4(a), 4.5, 4.6, 4.21, 4.23 and 4.305.4(a) or 5.6, for which there shall be no limitation on the Seller's breachlimitation, (x) the maximum amounts amount of Seller Indemnifiable Damages on the Buyer's or Promega's breach payable by the Seller and the Shareholder Buyer arising under Section 10.1(a11.1(a) shall not exceed the Purchase Price and (y) the Buyer Seller shall not be entitled to recover Seller Indemnifiable Damages for any matter described in Section 10.1(a11.1(a) unless and until the aggregate of all claims for Indemnifiable Damages asserted pursuant to Section 10.1(a11.1(a) exceeds $25,000.