Common use of LIMITING LIABILITY Clause in Contracts

LIMITING LIABILITY. 9.1 Subject to clause 9.3 but notwithstanding any other term in this Agreement and to the extent permitted by statute, neither party will in any circumstances be liable for any: (a) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or (b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of opportunity or expectation loss or loss of production, which may be suffered or incurred by any person, including in respect of the Works or otherwise in connection with this Agreement. 9.2 Subject to Clause 9.3, the aggregate liability of a party to the other party in respect of events, acts or omissions arising during any Contract Year will be limited, to the extent permitted by statute, to the amount paid by the Customer for the Works in that Contract Year, to the extent such liability is incurred under, in relation to, or in connection with this Agreement (including Programmed’s performance or non-performance). The following are “Contract Years” within the meaning of this clause: (a) the period commencing on the date of this Agreement and concluding on the first anniversary of that date; and (b) each subsequent 12 month period commencing on each anniversary of the date of this Agreement. 9.3 The limitations of liability in clauses 9.1 and 9.2 do not apply to limit or exclude any loss or damage arising out of or in connection with: 9.3.1 any liability arising due to a party's fraud or wilful misconduct; 9.3.2 any liability arising due to a party's infringement of the intellectual property of any third party; 9.3.3 any liability arising due to a party's breach of their confidentiality obligations; and/or 9.3.4 Customer’s obligation to make payment for Works.

LIMITING LIABILITY. 9.1 20.1 Subject to clause 9.3 20.3 but notwithstanding any other term in this Agreement and to the extent permitted by statute, neither party will in any circumstances be liable for any: (a) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or (b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of opportunity or expectation loss or loss of production, which may be suffered or incurred by any person, including in respect of the Works or otherwise in connection with this Agreement. 9.2 20.2 Subject to Clause 9.3clause 20.3, the aggregate liability of a party to the other party in respect of events, acts or omissions arising during any Contract Year will be limited, to the extent permitted by statute, to the amount paid by the Customer for the Works in that Contract Year, to the extent such liability is incurred under, in relation to, or in connection with this Agreement (including Programmed’s performance or non-performance). The following are “Contract Years” within the meaning of this clause: (a) the period commencing on the date of this Agreement and concluding on the first anniversary of that date; and (b) each subsequent 12 month period commencing on each anniversary of the date of this Agreement. 9.3 20.3 The limitations of liability in clauses 9.1 20.1 and 9.2 20.2 do not apply to limit or exclude any loss or damage arising out of or in connection with: 9.3.1 20.3.1 any liability arising due to a party's fraud or wilful misconduct; 9.3.2 20.3.2 any liability arising due to a party's infringement of the intellectual property of any third party; 9.3.3 20.3.3 any liability arising due to a party's breach of their confidentiality obligations; and/orobligations and 9.3.4 20.3.4 Customer’s obligation to make payment for Works.