Common use of Limitation on All Damages Clause in Contracts

Limitation on All Damages. EXCEPT FOR A BREACH OF SECTIONS 1.4, 1.5, 1.6 or 6.1, IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARRISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORTS, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE, THE LESSOR OF THE TOTAL AMOUNT PAYABLE TO LINQ UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR GIVING RISE TO THE LIABILITY OR TWENTY FIVE THOUSAND DOLLARS ($25,000). THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 4.

Limitation on All Damages. EXCEPT FOR A BREACH OF SECTIONS 1.42.3, 1.52.4, 1.6 2.5 or 6.12.6, IN NO EVENT SHALL EITHER PARTY’S 'S LIABILITY ARRISING ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORTSTORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE, THE LESSOR LESSER OF THE TOTAL AMOUNT PAYABLE TO LINQ MEAL MAGIC UNDER THIS THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR GIVING RISE TO THE LIABILITY OR TWENTY FIVE THOUSAND DOLLARS ($25,000). THE FOREGOING SHALL NOT LIMIT YOUR SUBSCRIBER’S PAYMENT OBLIGATIONS UNDER SECTION 45.