Frequency/market practice: It is commonly 100% for the title to the shares and key warranties and/or specific indemnities (e.g., capacity or solvency).
The cap for non-key warranties is usually within the range of 10-30% of the purchase price.
Frequency/market practice: They usually apply to warranties and damages claims (with respect to the scope of damage and its kind).
Frequency/market practice: Key warranties are often excepted or limited with a higher cap. Specific indemnities are usually limited to 100% of the price or estimated amount of claim. The parties may not limit liability for fraud (willful misconduct) due to statutory limitations.
Frequency/market practice: Both are fairly common. Deductible is more often resisted and a tipping basket is more common.
Frequency/market practice: Operational warranties: 12-24 months; key warranties: 5-10 years (e.g., title and capacity, etc.); tax: 6-7 years (statute of limitations period). The parties may not limit liability for fraud (willful misconduct) due to statutory limitations.
Frequency/market practice: Tax: 6-7 years (statute of limitations period); title warranties: sometimes not limited in time. The parties may not limit liability for fraud (willful misconduct) due to statutory limitations.
