Common use of Maximum Indemnification Clause in Contracts

Maximum Indemnification. In the event the Shareholder Indemnitors ----------------------- shall have any liability for indemnification or otherwise (including without limitation, for breach of covenants or otherwise at law or equity) to any Agile Indemnified Person under this Agreement, the sole satisfaction of such liability shall be from the Escrow Fund, provided however, that nothing in this Agreement shall limit the liability in amount, indemnification period, or otherwise (i) of Digital with respect to fraud or criminal activity or (ii) of any Shareholder Indemnitor with respect to fraud or criminal activity or in connection with any breach by such Shareholder Indemnitor of any representation or covenant of such Shareholder Indemnitor in any of the agreements which are Exhibits hereto or any agreement, certificate or document delivered by such Shareholder Indemnitor (excluding those entered into as an authorized and qualified representative on behalf of Digital) in connection with the Merger and the transactions contemplated thereby to which such Shareholder Indemnitor is a party or otherwise bound.