Common use of Liability for Simple Breach Clause in Contracts

Liability for Simple Breach. The parties shall be liable to one another for fifty percent (50%) of all Direct Damages resulting from their respective breaches of this Agreement or PSA or negligence in the performance of the Services during the Initial Term, provided, that (i) neither party shall have any liability to the other with respect to an individual breach or negligent act or omission until the losses resulting from such matter exceed $25,000, and then only to the extent that such losses exceed $25,000, and (ii) the parties and their Affiliates’ liability to each other for Direct Damages for such matters arising out of all of the MOAs during the Initial Term shall not exceed $5,000,000 in the aggregate (the “Simple Breach Cap”).

Liability for Simple Breach. The parties shall be liable to one another for fifty percent (50%) % of all Direct Damages resulting from their respective breaches of this Agreement any MOA or PSA or negligence in the performance of the Services services during the Initial Term, provided, that (i) neither party shall have any liability to the other with respect to an individual breach or negligent act or omission until the losses resulting from such matter exceed $US$25,000, and then only to the extent that such losses exceed $US$25,000, and (ii) the parties and their Affiliates’ neither party’s liability to each the other for Direct Damages for all such matters arising out of under all of the MOAs during the Initial Term and PSAs shall not exceed $US$5,000,000 in the aggregate (the “Simple Breach Cap”).