Extract to table

As used in this Agreement, the following capitalized terms shall have the meanings set forth below

Capitalized terms used but not otherwise defined in this Agreement shall have the meanings ascribed to such terms in the APA

"Basket" means the aggregate deductible amount of One Million Four Hundred Thousand Dollars ($1,400,000), as set forth in Article IX of the APA, structured as a tipping basket such that once the aggregate amount of all qualifying claims (each exceeding the De Minimis Threshold) equals or exceeds the Basket, Buyer shall be entitled to indemnification from the first dollar of all qualifying Losses

"De Minimis Threshold" means Seventy-Five Thousand Dollars ($75,000) per individual claim, as set forth in the APA, below which individual claims shall not be counted toward the Basket or qualify for indemnification from the Escrow Fund

(b) The words "hereof," "herein," "hereto," "hereby," and "hereunder" and words of similar import, when used in this Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement

(c) The words "include," "includes," and "including" shall be deemed to be followed by the words "without limitation