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Since the extent of BHS' liability under the original provision increases as the hospital pays more (note that the language says "amounts paid" not "purchase price" or "amounts payable"), the you are rightly concerned that BHS could cause a great deal of harm but get off at little cost if the damages occurs early in the process and before the hospital has paid the entire purchase price. While BHS generally would be highly unlikely to accept unlimited liability in excess of what it has actually received, if the transaction is sufficiently important to BHS, a clearly defined increase in potential liability may well be worthwhile. Such a modification may help the hospital recover damages closer to the actual extent of the harm than might be the case under the original language.
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