Recourse by the Indemnitees under Section 8.2 shall be limited to an aggregate amount equal to the (i) the Escrow Amount plus (ii) any Earn-Out Payments actually paid to Seller pursuant to Section 2.11 on or prior to the General Survival Date; provided, however, that the limitations set forth in this Section 8.3(b) shall not apply (and shall not limit the indemnification or other obligations of Seller): (x) in the event of intentional misrepresentation, intentional misconduct or fraud; or (y) to any Fundamental Claim.