Cap Expiry Clause Samples
The Cap Expiry clause defines the date or event upon which a contractual cap—such as a limit on liability, costs, or claims—ceases to apply. In practice, this means that after the specified expiry date or condition is met, the protections or limitations provided by the cap are no longer enforceable, and parties may be exposed to greater liability or obligations. For example, a contract might limit damages to a certain amount for the first two years, after which the cap expires and full liability resumes. This clause is essential for managing risk over time, ensuring that limitations are not indefinite and providing clarity on when parties' responsibilities may change.
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Cap Expiry. 8.6.1 The Service Provider shall notify the Authority if the Service Provider considers that either of the Latent Defect Caps will be exceeded in respect of any Clause 8 Structure as soon as reasonably practicable after it becomes apparent to the Service Provider and in any event prior to the date on which the Service Provider considers the relevant Latent Defect Cap will be exceeded ("Cap Expiry Date"). The Service Provider shall provide a full and detailed explanation of why the Service Provider considers that the Latent Defect Cap will be exceeded.
