Common use of Liability Caps Clause in Contracts

Liability Caps. (a) Except as provided in Section *, the liability of IBM and its Affiliates to Equifax and its Affiliates under 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 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 in the affected country during the * immediately prior to the first event which is the subject of the first claim or if * have not elapsed in the term of 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 Schedule C (Charges) during the first * of the 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 this Agreement pursuant to Section 12.1(a) for cause or Section 12.1(e) for Bankruptcy, and the * operates to preclude Equifax's recovery of *, then * shall be entitled to recover an *, not to exceed * of *, which amount shall be applied only toward *. (b) Except as provided in Section *, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations in each 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 for convenience under Schedule C (the "Equifax Direct Damages Cap"). The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the "Direct Damages Caps". * Information deleted pursuant to Rule 24b-2 of the Exchange Act.

Liability Caps. (a) Except as provided in Section *, the liability of IBM and its Affiliates to Equifax and its Affiliates under 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 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 in the affected country during the * immediately prior to the first event which is the subject of the first claim or if * have not elapsed in the term of 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 Schedule C (Charges) during the first * of the 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 this Agreement pursuant to Section 12.1(a) for cause or Section 12.1(e) for Bankruptcy, and the * operates to preclude Equifax's ’s recovery of *, then * shall be entitled to recover an *, not to exceed * of *, which amount shall be applied only toward *. (b) Except as provided in Section *, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations in each 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 for convenience under Schedule C (the "“Equifax Direct Damages Cap"”). The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the "“Direct Damages Caps"”. * Information deleted omitted pursuant to a confidential treatment request under Rule 24b-2 of the Securities Exchange ActAct of 1934 and filed separately with the SEC.

Liability Caps. (a) Except as provided in Section *SECTION 13.2, the liability of IBM and its Affiliates to Equifax and its Affiliates under this Agreement 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 affected country 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 this Agreement such Transaction Document at the time of the first such event, the estimated charges to Equifax for the Services in the affected country set forth in Schedule C (Charges) such Supplement during the first * twelve (12) months of the Term 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 this the Agreement or any Transaction Document pursuant to Section SECTION 12.1(a) for cause or Section 12.1(eFOR CAUSE OR (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 *SECTION 13.2, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations in under each country 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 Schedule C SECTION 12.3(a) (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.