Common use of Liability Limits Clause in Contracts

Liability Limits. 10.1 All warranties conditions and other terms implied by statue or common law are, to the fullest extent permitted by law, excluded from this Agreement. 10.2 Subject to Clause 10.3, neither Party shall be liable for any indirect, or consequential damages. 10.3 Nothing in this Agreement shall limit or exclude liability for death or personal injury caused by negligence, fraud or any other liability which may not properly be limited or excluded by applicable law. 10.4 Subject to its indemnification obligations in Clause 9.2, and Clause 10.3, Everbridge’s aggregate liability under or in connection with this agreement shall not (whether in tort, contract, breach of statutory duty or otherwise) exceed a sum equal to the amount actually paid by Client to Everbridge hereunder during the 12 month period prior to the event giving rise to such liability. Client understands and agrees that these liability limits reflect the allocation of risk between the Parties and are essential elements of the basis of the bargain, the absence of which would require substantially different economic terms.

Appears in 3 contracts

Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement

Liability Limits. 10.1 All warranties conditions and other terms implied by statue or common law are, to the fullest extent permitted by law, excluded from this Agreement. 10.2 Subject to Clause 10.3, neither Party shall be liable for any indirect, or consequential damages. 10.3 Nothing in this Agreement shall limit or exclude liability for death or personal injury caused by negligence, fraud or any other liability which may not properly be limited or excluded by applicable law. 10.4 Subject to its indemnification obligations in Clause 9.2, and Clause 10.3, Everbridge▇▇▇▇▇▇▇▇▇▇’s aggregate liability under or in connection with this agreement shall not (whether in tort, contract, breach of statutory duty or otherwise) exceed a sum equal to the amount actually paid by Client to Everbridge hereunder during the 12 12-month period prior to the event giving rise to such liability. Client understands and agrees that these liability limits reflect the allocation of risk between the Parties and are essential elements of the basis of the bargain, the absence of which would require substantially different economic terms.

Appears in 2 contracts

Sources: Master Services Agreement, Master Services Agreement

Liability Limits. 10.1 All warranties conditions and other terms implied by statue or common law are, to the fullest extent permitted by law, excluded from this Agreement. 10.2 Subject to Clause 10.3, neither Party shall be liable for any indirect, or consequential damages. 10.3 Nothing in this Agreement shall limit or exclude liability for death or personal injury caused by negligence, fraud or any other liability which may not properly be limited or excluded by applicable law. 10.4 Subject to its indemnification obligations in Clause 9.2, and Clause 10.3, Everbridge’s ▇▇▇▇▇▇▇▇▇▇’▇ aggregate liability under or in connection with this agreement shall not (whether in tort, contract, breach of statutory duty or otherwise) exceed a sum equal to the amount actually paid by Client to Everbridge hereunder during the 12 12- month period prior to the event giving rise to such liability. Client understands and agrees that these liability limits reflect the allocation of risk between the Parties and are essential elements of the basis of the bargain, the absence of which would require substantially different economic terms. 10.

Appears in 1 contract

Sources: Master Services Agreement

Liability Limits. 10.1 All warranties conditions and other terms implied by statue or common law areis, to the fullest extent permitted by law, excluded from this Agreement. 10.2 Subject to Clause 10.3, neither Party shall be liable for any indirect, indirect or consequential damages. 10.3 Nothing in this Agreement shall limit or exclude liability for death or personal injury caused by negligence, fraud or any other liability which may not properly be limited or excluded by applicable law. 10.4 Subject to its indemnification obligations in Clause 9.2, and Clause 10.3, EverbridgeAdjutant’s aggregate liability under or in connection with this agreement shall not (whether in tort, contract, breach of statutory duty or otherwise) exceed a sum equal to the amount actually paid by Client to Everbridge Adjutant hereunder during the 12 month period prior to the event giving rise to such liability. Client understands and agrees that these liability limits reflect the allocation of risk between the Parties and are essential elements of the basis of the bargain, the absence of which would require substantially different economic terms.

Appears in 1 contract

Sources: Terms and Conditions