Common use of Damage Limitations Clause in Contracts

Damage Limitations. Each party’s maximum liability for damages caused by its failure(s) to perform its obligations under the Agreement is limited to: (A) proven direct damages for claims arising out of personal injury or death, or damage to real or personal property, caused by the party’s negligence or willful misconduct; and (B) proven direct damages for all other claims arising out of the Agreement, not to exceed in the aggregate, in any 12 month period, an amount equal to Customer’s total net payments for the affected Services purchased in the six months prior to the event giving rise to the claim. Customer’s payment obligations, liability for early termination charges, and the parties’ indemnification obligations under the Agreement are excluded from this provision.

Damage Limitations. Each party’s maximum liability for damages caused by its failure(s) to perform its obligations under the this Agreement is limited to: (A) proven direct damages for claims arising out of personal injury or death, or damage to real or personal property, caused by the party’s negligence negligent or willful misconduct; and (B) proven direct damages for all other claims arising out of the this Agreement, not to exceed in the aggregate, in any 12 month period, an amount equal to Customer’s total net payments for the affected Services purchased in the six months prior to the event giving rise to the claim. Customer’s payment obligations, liability for early termination charges, and the parties’ indemnification obligations under the this Agreement are excluded from this provision.

Damage Limitations. Each party’s maximum liability for damages caused by its failure(s) to perform its obligations under the this Agreement is limited to: (A) proven direct damages for claims arising out of personal injury or death, or damage to real or personal property, caused by the party’s negligence negligent or willful misconduct; and or (B) proven direct damages for all other claims arising out of the this Agreement, not to exceed in the aggregate, in any 12 month period, an amount equal to Customer’s total net payments for the affected Services purchased in the six months prior to the event giving rise to the claim. Customer’s payment obligations, liability for early termination charges, and the parties’ indemnification obligations under the this Agreement are excluded from this provision.