FCL Sample Clauses

FCL. (a) limits its liability to the Supplier for all claims in aggregate, whether arising in contract, tort (including negligence) or otherwise under or in connection with this Agreement, to the amount of the Fees actually paid by the Supplier to FCL under this Agreement during the month before the first such claim by the Supplier; and (b) excludes all liability to the Supplier, whether arising in contract, tort (including negligence) or otherwise, under or in connection with this Agreement, for all loss of profits, loss of revenue, loss of savings, loss of business opportunity, loss of data, and any indirect or consequential loss, even if FCL knew the loss was possible or the loss was otherwise foreseeable.