GENERAL LIABILITY CAP Sample Clauses
The General Liability Cap clause sets a maximum limit on the amount of damages or financial liability that one party can be held responsible for under a contract. Typically, this cap is expressed as a fixed dollar amount or as a percentage of the contract value, and it applies to claims arising from breaches of contract or negligence, but may exclude certain liabilities like fraud or willful misconduct. By establishing a clear upper boundary for potential losses, this clause provides predictability and risk management for both parties, ensuring that liability exposure is not open-ended.
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GENERAL LIABILITY CAP. EXCEPT FOR (A) FEES PAYABLE BY CUSTOMER UNDER THIS AGREEMENT, (B) DAMAGES ARISING OUT OF OR RELATING TO CUSTOMER’S BREACH OF SECTION 2 (“SOFTWARE LICENSE”) OF THIS AGREEMENT, (C) DAMAGES ARISING OUT OF OR RELATING TO A PARTY’S BREACH OF SECTION 11 (“CONFIDENTIALITY”) OF THIS AGREEMENT, (D) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7 OR (E) DATA PROTECTION LOSSES (WHICH ARE SUBJECT TO SECTION 10.2 BELOW), TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CUMULATIVE, AGGREGATE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE AFFILIATES FOR ALL CLAIMS OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ALL SCHEDULES, THE DATA PROCESSING ADDENDUM AND STATEMENTS OF WORK) ARE LIMITED TO (i) IN THE CASE OF STANDARD SOFTWARE, THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE STANDARD SOFTWARE GIVING RISE TO THE CLAIM, OR (ii) IN THE CASE OF MAINTENANCE, THE TOTAL AMOUNT OF ALL FEES PAID OR PAYABLE TO BLUE YONDER FOR THE MAINTENANCE GIVING RISE TO THE CLAIM IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
GENERAL LIABILITY CAP. EXCEPT AS SET FORTH BELOW, EACH PARTY’S ENTIRE LIABILITY TO THE OTHER PARTY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER (OR WITH RESPECT TO FEES DUE, PAYABLE) TO FLEXERA DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM.
GENERAL LIABILITY CAP. Except for Excluded Claims or Special Claims, to the maximum extent permitted by Law, each party’s entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid to Atlassian for the Products, Support and Advisory Services giving rise to the liability during the twelve (12) months preceding the first event out of which the liability arose. Customer’s payment obligations under Sections 10.1 (Fees) and 10.2 (Taxes) are not limited by this Section 14.2.
GENERAL LIABILITY CAP. Without prejudice to Clause 16.2 or Clause 16.3, and except for the type of loss or liability covered by Clauses 16.2 and 16.5, Medartis's liability to the Customer for each cause of action shall be limited to the amount as ascertained in this Clause
GENERAL LIABILITY CAP. THE CUMULATIVE, AGGREGATE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE AFFILIATES TO THE OTHER PARTY FOR ALL CLAIMS RELATED TO THE SERVICES AND/OR THIS AGREEMENT (INCLUDING THE ORDERING DOCUMENT AND STATEMENT OF WORK BUT EXCLUDING DATA PROTECTION LOSSES WHICH IS COVERED UNDER SECTION 11(b) BELOW) IS LIMITED TO DIRECT DAMAGES UP TO THE TOTAL AMOUNT OF ALL FEES PAID OR PAYABLE TO BLUE YONDER UNDER THE AGREEMENT. THIS LIMITATION APPLIES TO ANY DAMAGE, HOWEVER CAUSED, AND ON ANY THEORY OR LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT, MISREPRESENTATION, NEGLIGENCE (ACTIVE OR OTHERWISE), THE USE OR PERFORMANCE OF THE SERVICES OR DELIVERABLES, OR OTHERWISE AND REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE OR NOT.
GENERAL LIABILITY CAP. Except as provided in this Section 19.2, the total aggregate liability of either Party, for claims asserted by the other Party under or in connection with this Agreement, regardless of the form of the action or the theory of recovery, shall be limited to the greater of thirty million dollars ($30 million) or the total Charges paid or payable to Provider or its Affiliates under this Agreement and all Local Agreements during the eighteen (18) month period preceding the last act or omission giving rise to such liability (the “General Liability Cap”). For avoidance of doubt, this liability cap is an aggregate liability cap for this Agreement and all Local Agreements.
GENERAL LIABILITY CAP. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) EXCEED THE SUBSCRIPTION FEES PAID OR PAYABLE BY CUSTOMER TO CANVA HEREUNDER DURING THE TWELVE-MONTH PERIOD PRECEDING THE EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITIES ARISING OUT OF CUSTOMER’S BREACH OF SECTION 2.5 (“USE RESTRICTIONS”); EITHER PARTY’S INDEMNIFICATION OBLIGATIONS (EXCLUDING THOSE INDEMNITIES SUBJECT TO THE AI OUTPUT LIABILITY CAP); OR A PARTY’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
GENERAL LIABILITY CAP. Each party’s total cumulative liability for all claims arising out of or relating to this Agreement will not be more than the General Cap Amount.
GENERAL LIABILITY CAP. EXCEPT FOR: (I) ANY INFRINGEMENT BY ONE PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (II) FRAUD OR WILFUL MISCONDUCT BY EITHER PARTY, (III) BREACH OF YOUR PAYMENT OBLIGATIONS, (IV) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS AS OUTLINED IN SECTION 8, OR (V) DATA PROTECTION CLAIMS, IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER PARTY IN CONNECTION WITH THIS AGREEMENT, EXCEED THE FEES ACTUALLY PAID BY YOU TO QUMULO IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED, AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
GENERAL LIABILITY CAP. NEITHER PARTY’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF THIS MSA OR ITS PERFORMANCE HEREUNDER, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, WILL EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER TO TEALIUM UNDER THE SERVICE ORDER FOR THE SERVICES GIVING RISE TO SUCH CLAIM WITH RESPECT TO THE TWELVE (12) MONTHS PRECEDING THE CLAIM.