Common use of Maximum Recovery Clause in Contracts

Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Company be liable for indemnification under this Section 6, in an amount in excess of the sum of [omitted] and any accrued and unpaid dividends on the Preferred Stock, in the aggregate. No Indemnified Party shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Party, when aggregated with all previous Losses indemnifiable hereunder, equal or exceed $50,000; thereafter, each Indemnified Person shall be entitled to be indemnified for the full amount of all damages previously unclaimed.