Common use of LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES Clause in Contracts

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 12.1. VIKINGCLOUD’S AGGREGATE LIABILITY TO CLIENT, REGARDLESS OF THEORY OF LIABILITY, FOR ALL CLAIMS, DAMAGES, COSTS, LOSSES, EXPENSES AND OTHER AMOUNTS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE FEES PAID TO VIKINGCLOUD BY CLIENT IN THE TWELVE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. NOTWITHSTANDING THE FORGOING, ANY LIABILITY IN RESPECT OF FRAUD, FRAUDULENT MISREPRESENTATION, PERSONAL INJURY OR DEATH CAUSED BY VIKINGCLOUD’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT SHALL NOT BE LIMITED OR EXCLUDED. NO ACTION ARISING OUT OF THIS AGREEMENT, REGARDLESS OF FORM, MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 12.1. VIKINGCLOUDVIKING CLOUD’S AGGREGATE LIABILITY TO CLIENT, REGARDLESS OF THEORY OF LIABILITY, FOR ALL CLAIMS, DAMAGES, COSTS, LOSSES, EXPENSES AND OTHER AMOUNTS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE FEES PAID TO VIKINGCLOUD VIKING CLOUD BY CLIENT IN THE TWELVE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. NOTWITHSTANDING THE FORGOING, ANY LIABILITY IN RESPECT OF FRAUD, FRAUDULENT MISREPRESENTATION, PERSONAL INJURY OR DEATH CAUSED BY VIKINGCLOUDVIKING CLOUD’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT SHALL NOT BE LIMITED OR EXCLUDED. NO ACTION ARISING OUT OF THIS AGREEMENT, REGARDLESS OF FORM, MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.