C » Topics » 12.6.1 Notification

This excerpt taken from the C 10-Q filed Oct 31, 2008.

12.6.1            Notification

 

The Purchaser shall notify the Seller of any Breach within the time period defined in Clause 12.6.2. Such notice shall specify in reasonable detail for each individual Breach all underlying facts constituting the Breach, the legal basis for a potential claim and the amount or estimated amount of the damages suffered by the Purchaser or a Group Company as a result of the Breach, to the extent such information is available to the Purchaser, and shall be submitted together with any available documents which enable the Seller to assess the merits of any claims in respect of the relevant Breach and the amount or estimated amount of the damages arising from the Breach, provided that the failure to so notify any Breach shall not invalidate any claim except to the extent such failure increases the Loss resulting from such Breach or such non-failure would have decreased the Loss. The Purchaser’s claims so notified are herein referred to as the “Notified Claims”.

 

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