Common use of Liability Caps Clause in Contracts

Liability Caps. a) Except as provided in SECTION 13.2, the liability of IBM and its Affiliates to Equifax and its Affiliates under each Transaction Document arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: (i) to Direct Damages incurred by Equifax and its Affiliates equal to the charges paid by Equifax for the Services set forth in the supplement to such Transaction Document during the twelve (12) calendar months immediately prior to the first event which is the subject of the first claim or if twelve (12) months have not elapsed in the term of such Transaction Document at the time of the first such event, the charges to Equifax for the Services set forth in such Supplement during the first twelve (12) months of the term of such Transaction Document ("IBM Direct Damages Cap"); and (ii) in the event Equifax claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in Equifax's termination of the Agreement or any Transaction Document pursuant to SECTION 12.1(a) FOR CAUSE OR (e) FOR BANKRUPTCY, and the IBM Direct Damages Cap operates to preclude Equifax's recovery of its full amount of Transition Cover Costs, then Equifax shall be entitled to recover an additional amount from IBM, not to exceed fifty percent (50%) of the Direct Damages Cap, which amount shall be applied only toward such unrecovered Transition Cover Costs. b) Except as provided in SECTION 13.2, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations under each Transaction Document shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax upon a termination of such Transaction Document for convenience under SECTION 12.3(a) (the "EQUIFAX DIRECT DAMAGES CAP"). The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the "DIRECT DAMAGES CAPS".

Liability Caps. (a) Except as provided in SECTION 13.2Section *, the liability of IBM and its Affiliates to Equifax and its Affiliates under each Transaction Document this Agreement arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: (i) to Direct Damages incurred by Equifax and its Affiliates equal to the charges paid by Equifax for the Services set forth in the supplement to such Transaction Document affected country during the twelve (12) calendar months * immediately prior to the first event which is the subject of the first claim or if twelve (12) months * have not elapsed in the term of such Transaction Document this Agreement at the time of the first such event, the estimated charges to Equifax for the Services in the affected country set forth in such Supplement Schedule C (Charges) during the first twelve (12) months * of the term of such Transaction Document Term ("“IBM Direct Damages Cap"”); and (ii) in the event Equifax claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in Equifax's ’s termination of the this Agreement or any Transaction Document pursuant to SECTION Section 12.1(a) FOR CAUSE OR (efor cause or Section 12.1(e) FOR BANKRUPTCYfor Bankruptcy, and the IBM Direct Damages Cap * operates to preclude Equifax's ’s recovery of its full amount of Transition Cover Costs*, then Equifax * shall be entitled to recover an additional amount from IBM*, not to exceed fifty percent (50%) * of the Direct Damages Cap*, which amount shall be applied only toward such unrecovered Transition Cover Costs*. (b) Except as provided in SECTION 13.2Section *, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations under in each Transaction Document country shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax upon a termination of such Transaction Document for convenience under SECTION 12.3(a) Schedule C (the "EQUIFAX DIRECT DAMAGES CAP"“Equifax Direct Damages Cap”). The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the "DIRECT DAMAGES CAPS"“Direct Damages Caps”. * Information omitted pursuant to a confidential treatment request under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the SEC.

Liability Caps. (a) Except as provided in SECTION 13.2Section *, the liability of IBM and its Affiliates to Equifax and its Affiliates under each Transaction Document this Agreement arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: (i) to Direct Damages incurred by Equifax and its Affiliates equal to the charges paid by Equifax for the Services set forth in the supplement to such Transaction Document affected country during the twelve (12) calendar months * immediately prior to the first event which is the subject of the first claim or if twelve (12) months * have not elapsed in the term of such Transaction Document this Agreement at the time of the first such event, the estimated charges to Equifax for the Services in the affected country set forth in such Supplement Schedule C (Charges) during the first twelve (12) months * of the term of such Transaction Document Term ("IBM Direct Damages Cap"); and (ii) in the event Equifax claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in Equifax's termination of the this Agreement or any Transaction Document pursuant to SECTION Section 12.1(a) FOR CAUSE OR (efor cause or Section 12.1(e) FOR BANKRUPTCYfor Bankruptcy, and the IBM Direct Damages Cap * operates to preclude Equifax's recovery of its full amount of Transition Cover Costs*, then Equifax * shall be entitled to recover an additional amount from IBM*, not to exceed fifty percent (50%) * of the Direct Damages Cap*, which amount shall be applied only toward such unrecovered Transition Cover Costs*. (b) Except as provided in SECTION 13.2Section *, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations under in each Transaction Document country shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax upon a termination of such Transaction Document for convenience under SECTION 12.3(a) Schedule C (the "EQUIFAX DIRECT DAMAGES CAPEquifax Direct Damages Cap"). The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the "DIRECT DAMAGES CAPSDirect Damages Caps". * Information deleted pursuant to Rule 24b-2 of the Exchange Act.