Common use of Maximum and minimum amounts Clause in Contracts

Maximum and minimum amounts. (a) The Seller is not liable under a Warranty Claim unless the amount finally agreed or adjudicated to be payable in respect of that Claim: (1) exceeds $500,000 of the Completion Payment; and (2) either alone or together with the amount finally agreed or adjudicated to be payable in respect of other Claims that satisfy clause 9.5(a)(1) exceeds $1,000,000 of the Completion Payment (Deductable), in which event, subject to clauses 9.5(b) and 9.5(c), the Seller is liable for all of that amount including the Deductable. (b) The maximum aggregate amount that the Seller is required to pay in respect of: (1) all Excluded Warranty Claims is limited to an amount equivalent to 100% of the Completion Payment; and (2) all other Warranty Claims whenever made is limited to an amount equivalent to 40% of the Completion Payment, provided that, for the avoidance of doubt, the maximum aggregate liability of the Seller for all Warranty Claims cannot exceed an amount equivalent to 100% of the Completion Payment. (c) For the purposes of clause 9.5(a)(1): (1) Claims arising out of separate sets of facts, matters or circumstances will not be treated as one Claim, even if each set of facts, matters or circumstances may be a breach of the same Warranty; and (2) Claims of the same or similar nature arising out of the same or similar facts, matters and circumstances will be treated as one Claim.

Maximum and minimum amounts. (a) The Neither the Seller is not Group nor the Buyer Group shall be liable to the other under a Warranty Claim unless the amount finally agreed or adjudicated to be payable in respect of that Claim: (1i) exceeds $500,000 of the Completion Paymentthree hundred thousand U.S. dollars (US$ 300,000); and (2ii) either alone or together with the amount finally agreed or adjudicated to be payable in respect of other Claims that satisfy clause 9.5(a)(1exceeds three million U.S. dollars (US$ 3,000,000) exceeds $1,000,000 of the Completion Payment (Deductable“Deductible”), in which event, subject to clauses 9.5(b10.4(b) and 9.5(c10.4(c), the Seller is such party in aggregate will be liable for all of that amount amount, including the DeductableDeductible. (b) The maximum aggregate amount that the Seller a party in aggregate is required to pay in respect of: (1i) all Excluded any Claim relating to a Fundamental Warranty Claims is limited to an amount equivalent to one hundred percent (100% %) of the Completion PaymentPurchase Price; and (2ii) all Claims other Warranty than Fundamental Claims whenever made is limited to an amount equivalent to 40% fifty percent (50)% of the Completion PaymentPurchase Price, provided that, for the avoidance of doubt, that the maximum aggregate liability of the Seller (or the Buyer as the case may be) in aggregate for all Warranty Claims under this Agreement cannot exceed an amount equivalent to one hundred percent (100% %) of the Completion PaymentPurchase Price actually paid pursuant to clause 3.2. (c) For the purposes of clause 9.5(a)(110.4(a): (1i) Claims arising out of separate sets of facts, matters or circumstances will not be treated as one Claim, even if each set of facts, matters or circumstances may be a breach of the same Seller Warranty (or Buyer Warranty, as the case may be); and (2ii) Claims of the same or similar nature arising out of the same or similar facts, matters and circumstances will be treated as one Claim. (d) Notwithstanding any other provision of this Agreement, limitations in this clause 10 shall not apply in respect of any Claim for breach of the Seller Warranty in paragraph 10 of Schedule 1.

Maximum and minimum amounts. (a) The Seller is not liable under a Warranty Claim unless the amount finally agreed or adjudicated to be payable in respect of that Warranty Claim: (1) exceeds $500,000 of the Completion Payment100,000; and (2) either alone or together with the amount finally agreed or adjudicated to be payable in respect of other Warranty Claims that satisfy clause 9.5(a)(17.5(a)(1) exceeds $1,000,000 of the Completion Payment (Deductable)500,000, in which event, subject to clauses 9.5(b7.5(b) and 9.5(c7.5(d)7.5(d), the Seller is liable for all of that amount including the Deductable.initial $500,000 (b) The maximum aggregate amount that the Seller is required to pay in respect of: (1) of all Excluded Warranty Claims is limited to an amount equivalent to 100% (excluding Claims under the Title Warranties and No Infringement of the Completion Payment; and (2IP Warranty) all other Warranty Claims whenever made is limited to an amount equivalent to 4010% of the Completion Payment, provided that, for the avoidance of doubt, the maximum aggregate liability of the Seller for all Warranty Claims cannot exceed an amount equivalent to 100% of the Completion PaymentPurchase Price. (c) The maximum aggregate amount that the Seller is required to pay in respect of all Claims whenever made (including Claims for breach of covenant, Tax Claims and Claims under the Title Warranties and No Infringement of IP Warranties) whenever made is limited to the Purchase Price. (d) For the purposes of clause 9.5(a)(17.5(a)(1): (1) Claims of the same or similar nature arising out of the same or similar facts, matters and circumstances will be treated as one Claim; and (2) Claims arising out of separate sets of facts, matters or circumstances will not be treated as one Claim, even if each set of facts, matters or circumstances may be a breach of the same Warranty; and (2) Claims of the same or similar nature arising out of the same or similar facts, matters and circumstances will be treated as one Claim.

Maximum and minimum amounts. (a) The Seller is not liable under a Warranty Claim unless the amount finally agreed or adjudicated to be payable in respect of that Claim: (1i) exceeds $500,000 of the Completion Payment2,000,000 (two million US dollars); and (2ii) either alone or together with the amount finally agreed or adjudicated to be payable in respect of other Claims that satisfy clause 9.5(a)(112.5(a)(i) exceeds $1,000,000 of the Completion Payment 10,000,000 (Deductableten million US dollars) (Deductible), in which event, subject to clauses 9.5(b12.5(b) and 9.5(c12.5(c), the Seller is liable for all amounts in excess of that amount including 50% of the DeductableDeductible. (b) The maximum aggregate amount that the Seller is required to pay in respect of: (1i) all Tax Claims, Excluded Warranty Claims together with all Claims under clause 11.5 is limited to an amount equivalent to 100% of the Completion Payment; and (2ii) all other Warranty Claims whenever made is limited to an amount equivalent to 4030% of the Completion Payment, provided that, for the avoidance of doubt, that the maximum aggregate liability of the Seller for all Warranty Claims cannot exceed an amount equivalent to 100% of the Completion Payment. (c) For the purposes of clause 9.5(a)(112.5(a)(i) and clause 12.5(a)(ii): (1i) Claims arising out of separate sets of facts, matters or circumstances will not be treated as one Claim, even if each set of facts, matters or circumstances may be a breach of the same Warranty; and (2ii) Claims of the same or similar nature arising out of the same or similar facts, matters and circumstances will be treated as one Claim.