Maximum and minimum amounts. (a) The Vendor is not liable under a Warranty Claim unless the amount finally agreed or adjudicated to be payable in respect of that Claim: (1) exceeds $50,000; and (2) either alone or together with the amount finally agreed or adjudicated to be payable in respect of other Claims that satisfy clause 15.4(a)(1) in relation to the Assets the subject of this agreement exceed $500,000 in aggregate. (b) Despite anything else in this agreement, the maximum aggregate amount that the Vendor is required to pay in respect of all Warranty Claims whenever made, is limited to: (1) in respect of the Warranty in clause 3 of Schedule 2, the Sale Price; (2) in respect of all other Warranties, an amount equal to 2% of the Sale Price of the Assets the subject of this agreement. For the avoidance of doubt, the Sale Price cannot be aggregated with the sale prices of the properties the subject of the Contemporaneous Contracts.
Appears in 4 contracts
Sources: Contract of Sale (Hines Global REIT, Inc.), Contract of Sale (Hines Global REIT, Inc.), Contract of Sale (Hines Global REIT, Inc.)