Limitations. Notwithstanding the provisions of [Sections 11.10 and 11.11]1], no adjustment to the Purchase Price for Environmental Defect Values shall be made unless and until the sum of # the aggregate value of all Environmental Defect Values (the “Aggregate Environmental Defect Value”) plus # the Aggregate Title Defect Value (after taking into account any offsetting Title Benefit Values) exceeds the Aggregate Defect Deductible. Only Environmental Defect Values that are equal to or greater than the De Minimis Environmental Defect Cost with respect to any single Environmental Defect for a Well, Lease or Unit shall be considered in calculating the Aggregate Environmental Defect Value.

Limitations. Notwithstanding anything to the contrary, neither Party will have the final decision-making authority on amending or updating the Development Plans in any way that would materially alter the scope of the other Party’s obligations hereunder, increase the other Party’s financial obligations hereunder, or result in the disclosure of the Confidential Information of the other Party, in each case, without the other Party’s prior written consent. Notwithstanding any provision of this Article 5 (Governance; Joint Steering Committee) to the contrary, the JSC will not have the authority to amend the terms or conditions of this Agreement.

Limitations. THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS ARTICLE ARE THE SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES MADE BY EACH PARTY TO THE OTHER PARTY, AND NEITHER PARTY MAKES ANY OTHER REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Limitations. Notwithstanding anything to the contrary contained herein, none of EVO Companies or any of their Affiliates will be liable hereunder for any Losses arising out of or relating to the performance of the Transition Services, except to the extent found by a court of competent jurisdiction to arise from gross negligence, fraud or willful misconduct of any Provider.

Limitations. Each Option will be designated in the Award Agreement as either an Incentive Stock Option or a Nonstatutory Stock Option. However, notwithstanding such designation, to the extent that the aggregate Fair Market Value of the Shares with respect to which Incentive Stock Options are exercisable for the first time by the Participant during any calendar year (under all plans of the Company and any Parent or Subsidiary) exceeds one hundred thousand dollars ($100,000), such Options will be treated as Nonstatutory Stock Options. For purposes of this Section 6(a), Incentive Stock Options will be taken into account in the order in which they were granted. The Fair Market Value of the Shares will be determined as of the time the Option with respect to such Shares is granted.

Limitations. Except as permitted in Section 5.3(c), Other Stock-Based Awards granted under this Section 10 shall be subject to a vesting period of at least three years, with incremental vesting of portions of the award over the three-year period permitted (provided, however, that no portion of the award may vest prior to the first anniversary of the date of grant), with the following exception: if the vesting of the award is based upon the attainment of performance goals, a minimum vesting period of one year is allowed, with incremental vesting of portions of the award over the one-year period permitted. Notwithstanding the foregoing, the Committee may accelerate the vesting of an Other Stock-Based Award # as provided under Section 12.3 in the event of termination of employment under the circumstances provided in the Incentive Agreement, and # as described in Section 12.10 in connection with a Change of Control.

Limitations. Notwithstanding anything to the contrary in this Lease, Tenant shall not be responsible to remediate nor otherwise be liable to Landlord or responsible for (nor shall Tenant be responsible to indemnify Landlord with respect to) any Hazardous Materials # located in, on, under or about the Project prior to the date of mutual execution of this Lease, # brought upon the Project by Landlord or any Landlord Party(ies), or # that have migrated onto the Premises or Project from other properties ("Landlord’s Hazardous Materials"), except to the extent any of the Hazardous Materials described in items (A), (B), or (C) are generated, used, transported, exacerbated, released or disturbed by Tenant or any of Tenant’s Agents. To the extent that Landlord’s Hazardous Materials are discovered at the Project and remediation of the same is required by a governmental authority with jurisdiction (which remediation is not triggered because of the particular use of the Premises by Tenant or its subtenants or assigns), or the presence of Landlord’s Hazardous Materials would materially affect the safety of Tenant's employees or create a significant health hazard for Tenant's employees, then Landlord shall remediate the Landlord’s Hazardous Material (to the extent required by the applicable governmental authority) at Landlord’s sole cost and expense, and not subject to inclusion in Operating Expenses.

Limitations. The agreement of any Obligor shall not be required for any modification of a Loan Document that deals solely with the rights and duties of Lenders and/or Agent as among themselves. Only the consent of the parties to any agreement relating to fees shall be required for modification of such agreement. Any waiver or consent granted by Agent or Lenders hereunder shall be effective only if in writing and only for the matter specified.

Limitations. Notwithstanding anything to the contrary under this TSA, Customer acknowledges and agrees that the Technical Services to be performed by Ginkgo for Customer hereunder are personal to Customer, and Customer will not be permitted to subcontract, or (except as permitted under Section 17) assign, transfer or otherwise delegate such rights to any Person.

Limitations. The indemnification provided for in Section 6.2 shall be subject to the following limitations: