Minimum Claims. 9.2.1 The Seller shall not be liable for breach of any Seller’s Warranty (other than a Fundamental Warranty) in respect of any individual claim (or a series of claims arising from substantially identical facts or circumstances) where the Liability agreed or determined (disregarding the provisions of this Clause 9.2) in respect of any such claim or series of claims does not exceed US$40,000. 9.2.2 Where the Liability agreed or determined in respect of a claim exceeds US$40,000, subject as provided elsewhere in this Clause 9, the Seller shall be liable for the amount of the claim or series of claims as agreed or determined and not just the excess.
Appears in 2 contracts
Sources: Asset Purchase Agreement (FXCM Inc.), Asset Purchase Agreement (FXCM Inc.)
Minimum Claims. 9.2.1 11.2.1 The Seller Sellers shall not be liable for breach of any Seller’s Sellers’ Warranty (other than a Fundamental Warranty) or claim under the Tax Deed of Covenant in respect of any individual claim (or a series of claims arising from substantially identical facts or circumstances) where the Liability liability agreed or determined (disregarding the provisions of this Clause 9.211.2) in respect of any such claim or series of claims does not exceed US$40,000€150,000.
9.2.2 11.2.2 Where the Liability liability agreed or determined in respect of a any such claim or series of claims exceeds US$40,000, subject as provided elsewhere in this Clause 9€150,000, the Seller Sellers shall be liable for the amount of the claim or series of claims as agreed or determined and not just merely for the excess.
Appears in 1 contract
Sources: Sale and Purchase Agreement (Intercontinental Hotels Group PLC /New/)
Minimum Claims. 9.2.1 8.2.1 The Seller shall not be liable for breach of any Seller’s Warranty (other than a Fundamental Warranty) in respect of any individual claim Claim (or a series of claims Claims arising from substantially identical facts or circumstances) where the Liability liability agreed or determined (disregarding the provisions of this Clause 9.2) in respect of for any such claim Claim or series of claims Claims does not exceed US$40,000£50,000 or its equivalent.
9.2.2 Where 8.2.2 The Seller shall not be liable unless the Liability agreed aggregate amount of all Claims for which it would, in the absence of this provision, be liable exceeds £300,000 or determined its equivalent, and in respect of a claim exceeds US$40,000such event, subject as provided elsewhere in this Clause 98, the Seller shall be liable for the amount of the claim Claim or series of claims Claims as agreed or determined and not just the excess.
Appears in 1 contract
Sources: Letter of Intent