Duke Energy Corporation (DUK)

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anniversary of the Closing Date, (iii) the representation and warranty contained in Section 4.6 after the 180th day following the Closing Date, and (iv) the representations and warranties contained in Section 4.8 (Taxes) and the covenants in Section 6.14 after the expiration of sixty (60) days following the expiration of the applicable statute of limitations (including extensions thereof consented to in writing by Seller, such consent not to be unreasonably withheld) and (iv) any covenants, agreements or obligations of the Parties that by their terms are to be performed prior to Closing (other than those contained in Sections 6.3(b), the last sentence of Section 6.3(c), and Sections 6.4, 6.6, 6.10 and 6.11(a)), after the Closing;

(b)           any breach of a representation or warranty in this Agreement or the Intellectual Property License Agreement in connection with any single item or group of related items that results in Losses of less than $150,000 shall be deemed, for purposes of this Article X, not to be a breach of such representation or warranty; provided, however, that for the purposes of this Section 10.2(b), any group of related items that results in Losses of $150,000 or more shall not be “disaggregated” so that any individual items comprising any portion or portions of such group of related items is less than $150,000;

(c)           Seller shall have no liability for breaches of representations, warranties and covenants in this Agreement or the Software and Intellectual Property License Agreement until the aggregate amount of all Losses incurred by Buyer equals or exceeds $4,000,000 (the “