Common use of Damage Cap Clause in Contracts

Damage Cap. EACH PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY SUBSCRIBER TO CLOUDNOSYS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9.2 SHALL NOT APPLY TO (i) THE PAYMENT OBLIGATIONS FOR SERVICES, (ii) ANY INDEMNIFICATION OBLIGATIONS HEREIN, OR (iii) DAMAGES ARISING FROM EITHER PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS SET FORTH HEREIN.