Frequency/market practice: This depends on the type of deal and the industry of the target. In general, the buyer will ask for 30% or higher, but it is standard to negotiate down. It ranges from 10% to 100% (in large transactions, mostly between 10% and 30%).
Frequency/market practice: Both are seen regularly, but it depends on the sophistication of the parties (most commonly applies to the whole agreement, except for fundamental warranties and cases of fraud or gross negligence). Carve-out for breach of covenants is also fairly common.
Frequency/market practice: Key or fundamental warranties are often excepted (e.g., title, capitalization, authority). Often tax, labor, environmental and specific areas of concern, have specific higher caps. Separate caps can be negotiated. Normally gross negligence and willful misconduct are also excluded.
Frequency/market practice: A general survival of 12 to 18 months is common.
Frequency/market practice: It is common to carve out liability for key or fundamental warranties. Certain specific areas of concern, e.g., labor, tax, environmental and others, are usually subject to higher caps. Gross negligence and willful misconduct are excluded by law.