Monetary Limits Sample Clauses

Monetary Limits. 8.3.1. Loss of or damage to the Goods The provisions of Art. 7.3. notwithstanding, the Freight Forwarder shall not be or become liable for any loss of or damage to the Goods in an amount exceeding the equivalent of 2 SDR per kilogram of gross weight of the Goods lost or damaged unless a larger amount is recovered from a person for whom the Freight Forwarder is responsible. If the Goods have not been delivered within ninety consecutive days after the date when the Goods ought to have been delivered, the claimant may, in the absence of evidence to the contrary, treat the Goods as lost.

Monetary Limits. If the monetary limits of insurance required hereunder or of the indemnity voluntarily assumed under this Section 20 which will be supported either by equal liability insurance or voluntarily self-insured, in part or whole, exceeds the maximum limits permitted under Applicable Law, the Parties agree such insurance requirements or indemnity shall automatically be amended to conform to the maximum monetary limits permitted under such Applicable Law.

Monetary Limits. It is the intent that the monetary limits set forth in various sections of the Accounting Procedure shall be reviewed and adjusted from time to time by agreement of all the Parties in order to be in accordance with changes in prices and operating conditions.

Monetary Limits. (a) In relation to Claims for breach of Warranties other than Fundamental Warranties, no individual Claim, or series of Claims arising from substantially identical facts or circumstances, which is less than EUR 500,000 shall be taken into account when calculating the total amounts of the Claim(s) and, for the avoidance of doubt, no such Claim shall be allowed to be made against any of the Sellers. (b) In relation to Claims for breach of Warranties other than Fundamental Warranties, the Buyer shall not have the right to compensation unless the total amount of all Claim(s), which the Buyer may present under this Agreement, is equal to or exceeds EUR 7,500,000, in which case the Buyer shall have the right to compensation for the amount exceeding such threshold, subject to the other limitations provided in this Section 9.5. (c) The aggregate liability of each of the Sellers shall (i) with respect to Claims resulting from a breach of the Warranties other than the Fundamental Warranties be limited to, and can never exceed, ten percent of such Seller’s pro rata share (in accordance with the Purchase Price Allocation) of the Purchase Price received by such Seller, (ii) with respect to Claims resulting from a breach of the Fundamental Warranties or this Agreement (not covered by (i) or (iii)) be limited to, and can never exceed, one hundred percent of such Seller’s pro rata share (in accordance with the Purchase Price Allocation) of the Purchase Price, and (iii) with respect to breaches of Sections 3.2(b)-(c) (Leakage) be limited as stated in such Sections.

Monetary Limits. 8.3.1 Notwithstanding anything to the contrary contained in this Agreement the Seller shall have no liability for any Warranty Claim or Indemnity Claim (other than in respect of fraud or of any inaccuracy in or breach of the representations and Warranties set out in clause 7.1 (Authority; Ownership), clause 7.2 (Non-contravention), clause 7.4 (Legal Ownership of Shares) or clause 7.6 (Capitalisation) and other than for indemnification under clauses 8.1.1c) or 8.1.1d)) unless: a) the aggregate amount (without duplication) of Losses of the Indemnified Parties with respect thereto exceeds $750,000 (the “Basket Amount”), in which case the Buyer shall be entitled to be indemnified for all such Losses, including both those below and in excess of the Basket Amount; and b) the Loss relating to the individual Warranty Claim or Indemnity Claim, or series of related Warranty Claims and/or Indemnity Claims that are based primarily on a similar set of operative facts, is greater than $20,000. 8.3.2 The maximum aggregate liability of the Seller in respect of a) all Warranty Claims other than those which relate to the Specified Warranties shall be the amount in US dollars equal to US$38,999,999.81; b) all Indemnity Claims and any Warranty Claim in each case relating to the Warranties in clause 7.18 (Intellectual Property) only shall be the amount in US dollars US$64,999,999.68; c) (subject to clause a) and b)) all Claims shall be an amount in US dollars equal to the Purchase Consideration. 8.3.3 Any payments required to be made to the Buyer pursuant to Claims with respect to Losses shall be made by: a) resort to the Escrow Amount (which shall be fully available to satisfy any and all Claims for Losses); and / or b) by seeking recourse to the Seller, provided, however, that, notwithstanding the foregoing or anything that may be deemed to be to the contrary contained herein, it is hereby acknowledged and agreed that any amounts payable to the Seller in respect of the Deferred Consideration whether in cash or shares of common stock of the Parent shall be subject to a contractual right of set-off in the terms set forth in Schedule 4 against any Losses in respect of which the Buyer serves a valid Payment Notice (as defined in clause 8.5.1) in accordance with and subject to the further terms of clause 8.5 or has made a Tax Deed Claim. 8.3.4 Any payment made by the Seller in respect of any Claim shall be and shall be deemed a reduction in the Purchase Consideration.

Monetary Limits. 3.1 The aggregate amount of the liability of the Company in respect of the aggregate of all Claims shall not exceed an amount equal to fifty percent (50%) of the Subscription Monies. 3.2 The Company shall not have any liability whatsoever in respect of any Claim unless: (a) the liability of the Company in respect of an individual Claim (or series of related Claims with respect to related facts or circumstances) exceeds HK$1,000,000 (excluding interest and costs) (such Claim, a “Qualifying Claim”); and (b) until the aggregate amount of the liability of the Company for all such Qualifying Claims exceeds HK$30,000,000 (in which event the Company shall be liable for the amount of all the Qualifying Claims and not just the excess).

Monetary Limits. 16.9.1 Subject to clauses 16.9.2 to 16.9.5 the Vendor is not liable to the Purchaser for any Claim or series of Claims unless the amount finally adjudicated or agreed as being payable in respect of the Claim exceeds $10,000. 16.9.2 The maximum amount which the Purchaser may recover from the Vendor in respect of a Claim relating to an item of Plant and Equipment is the Liquidation Value for that item of Plant and Equipment. 16.9.3 The Vendor is only liable to the Purchaser for amounts by which Claims adjudicated or agreed under clause 16.9.1 exceed $100,000 in aggregate. 16.9.4 Subject to clause 16.9.5, the maximum aggregate which the Purchaser may recover from the Vendor in respect of all Claims is 30% of the Purchase Price for the Business Assets. 16.9.5 The Purchaser may not, in respect of a Claim, recover from the Vendor any proceeds (including, but not limited to, damages and any amounts referable to the damage or destruction of the Excluded Assets) of the Vendor’s insurance claims in respect of the Excluded Assets.

Monetary Limits. The indemnification obligation of Sellers for Inaccuracy of Seller Warranties will be limited as follows: (a) Sellers shall not be liable for any particular Claim unless the Damages pursuant to that single Claim exceed EUR 7,500 in which case Sellers shall be liable for the full amount of such single Claim (and not just the excess over such amount). Claims having the same cause and/or arising out of the same or similar facts or circumstances will be treated as a single Claim for the purposes of Clause 8.6(a). (b) Unless the aggregate amount of the liability of Sellers for all Claims qualifying under (a) above exceeds EUR 50,000, in which case Sellers shall be liable for the full amount of all such Claims (and not just the excess over such amount). The said amount of EUR 50,000 shall be considered as a threshold figure. (c) The maximum aggregate liability payable by Sellers for all Claims shall not exceed the EUR amount equal to the Initial Price (and, for these purposes, the value of the Mitek Shares shall be EUR 4,781,250) plus the Earn Out paid to the Sellers in accordance with Clause 3.3, save only that (i) Claims involving willful misconduct or fraud, (ii) Claims in respect of a Specific Indemnity, (iii) Claims in relation to any breach or violation by Sellers to perform any covenants or obligations under this Agreement and the other Transaction Documents and (iv) Claims in respect of a Fundamental Seller Warranty, will not be subject to maximum liability. Each Claim for which Sellers are liable for in accordance with (i) to (iv) is an “Indemnifiable Claim”. For the avoidance of doubt, the amount of any Indemnifiable Claims in (i) to (iv) above shall not be considered as part of the limit in Clause 8.6(c).

Monetary Limits. 8.3.1. Loss of or damage to the Goods Th provisions of Art. 7.3. notwithstanding, the Freight Forwarder shall not be or become liable for any loss of or damage to the Goods in an amount exceeding the equivalent of USDollars Three per kilogram of gross weight of the Goods lost or damaged, with a maximum liability of USDollars Fifteen Thousand only per claim (USD15,000.), unless a larger amount is recovered from a person for whom the Freight Forwarder is responsible. If the Goods have not been delivered within ninety consecutive days after the date when the Goods ought to have been delivered, the claimant may, in the absence of evidence to the contrary, treat the Goods as lost.