Common use of ACS Clause in Contracts

ACS. Notwithstanding anything to the contrary, ACS' maximum aggregate liability relating to the Services rendered under this Agreement (regardless of form of action, whether in contract, tort, negligence or otherwise) shall not exceed the lesser of (i) the actual damages incurred by Customer as a result of the event(s) giving rise to the liability, or (ii) the Monthly Charges paid to ACS for the twelve (12) months prior to the month during the term of this Agreement in which the latest event, act or omission occurs which gives rise to such liability. ACS shall have no liability for (i) any violation of applicable law or regulation by Customer, or (ii) the non-payment or uncollectibility of any student receivable in relation to any student file serviced under this Agreement. ACS shall have no liability for (i) any violation of applicable law or regulation by Customer, or (ii) the non-payment or uncollectibility of any student receivable in relation to any student file serviced under this Agreement.

ACS. Notwithstanding anything to the contrary, ACS' maximum aggregate liability relating to the Services rendered under this Agreement (regardless of form of action, whether in contract, tort, negligence or otherwise) shall not exceed the lesser of (i) the actual damages incurred by Customer as a result of the event(s) giving rise to the liability, or (ii) the Monthly Charges paid to ACS for the twelve (12) months prior to the month during the term of this Agreement in which the latest event, act or omission occurs which gives rise to such liability. ACS shall have no liability for (i) any violation of applicable law or regulation by Customer, or (ii) the non-payment or uncollectibility of any student receivable in relation to any student file serviced under this Agreement. ACS shall have no liability for (i) any violation of applicable law or regulation by Customer, or (ii) the non-payment or uncollectibility of any student receivable in relation to any student file serviced under this Agreement.