Frequency/market practice: 10%–30% for general cap. Key warranties may be subject to a different, greater cap than the general cap. Specific indemnities are usually capped at 100%, and sometimes not capped.
Frequency/market practice: Usually warranties only.
Frequency/market practice: Key representations and warranties often excepted (e.g., title, ownership, authority, good standing, etc.) Often tax and specific areas of concern (treated as specific indemnities) depending on key findings in due diligence also expected with specific, separated caps or no cap.
Frequency/market practice: From 12–36 months for general representations and warranties.
Frequency/market practice: For tax, social security and environmental matters or key representations and warranties/specific indemnities for which the statute of limitations usually applies (+x months). Exception for breach of competition laws/compliance matters to be considered.