Common use of LIABILTY Clause in Contracts

LIABILTY. 18.1. Nothing in this Framework Agreement will exclude or in any way limit either Party's liability for fraud, death or personal injury caused by its negligence. 18.2. Subject always to Clauses 18.1 and 18.3, the maximum amount the Supplier can be liable for in respect of all Defaults shall in no event exceed: 18.2.1. in relation to any Defaults occurring from the Effective Date to the end of the first Framework Agreement Year, the higher of the figure specified in the Letter of Appointment and Order Form or a sum equal to 125% of the Framework Agreement Charges estimated by the Customer for the first Framework Agreement Year. 18.2.2. in relation to any Defaults occurring in each subsequent Framework Agreement Year that commences during the remainder of the Term, the higher of the figure specified in the Letter of Appointment and Order Form or a sum equal to 125% of the Framework Agreement Charges payable to the Supplier under this Framework Agreement in the previous Framework Agreement Year; and 18.2.3. in relation to any Defaults occurring in each Framework Agreement Year that commences after the end of the Initial Term, the higher of the figure specified in the Letter of Appointment and Order Form or a sum equal to 125% of the Framework Agreement Charges payable to the Supplier under this Framework Agreement in the last Framework Agreement Year commencing during the Term. 18.3. Subject to Clause 18.1 and except for any claims arising under Clause 20.12, neither Party will be liable to the other in any situation for any: 18.3.1. loss of profits 18.3.2. loss of goodwill or reputation 18.3.3. loss of revenue 18.3.4. loss of savings whether anticipated or otherwise; or 18.3.5. indirect or consequential loss or damage of any kind 18.4. Without prejudice to its obligation to pay the undisputed Framework Agreement Charges as and when they fall due for payment, the Customer’s total aggregate liability in respect of all defaults, claims, losses, or damages howsoever caused will in no event exceed the figure specified in the Letter of Appointment.