Maximum Damages Allowed Clause Samples
The "Maximum Damages Allowed" clause sets a cap on the total amount of monetary damages that one party can be required to pay to the other under the contract. Typically, this limit is expressed as a fixed sum or as a percentage of the contract value, and it applies to claims arising from breaches, negligence, or other liabilities specified in the agreement. By establishing a clear upper limit on financial exposure, this clause provides predictability for both parties and helps manage risk by preventing potentially unlimited liability.
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Maximum Damages Allowed. Notwithstanding any other provision of this Agreement, and for any reason, including breach of any duty imposed by this Agreement or independent of this Agreement, and regardless of any claim in contract, tort (including negligence) or otherwise, Administrative Agent’s total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Administrative Agent by Employer for the services to which the claim relates during the twelve (12) months prior to the act or event giving rise to such claim.
Maximum Damages Allowed. Notwithstanding any other provision of this Agreement and for any reason, including breach of any duty imposed by this Agreement or independent of this Agreement, and regardless of any claim in contract, tort (including negligence), or otherwise, Metavante’s total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Metavante by Customer for the Service to which the claim relates during the three (3) months prior to the act or event giving rise to such claim.
Maximum Damages Allowed. Notwithstanding any other provision of this Agreement, and for any reason, including breach of any duty imposed by this contract or independent of this contract, and regardless of any claim in contract, tort, or otherwise, but specifically excluding liability for damages directly caused by M&I’s willful misconduct, M&I’s total, aggregate liability under this Agreement shall in no circumstance exceed payments made to M&I by Customer under this Agreement during the six (6) months prior to the act or event giving rise to such claim.
Maximum Damages Allowed. Notwithstanding any other provision of this Agreement, and for any reason, including breach of any duty imposed by this Agreement or independent of this Agreement, and regardless of any claim in contract, tort (including negligence) or otherwise, Metavante's total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Metavante by Customer under this Agreement during the four (4) months prior to the act or event giving rise to such claim.
Maximum Damages Allowed. Notwithstanding any other provision of this ----------------------- Agreement, and for any reason, including breach of any duty imposed by this contract or independent of this contract, and regardless of any claim in contract, tort (including negligence) or otherwise, the total, aggregate liability under this Agreement of Metavante and/or any Eligible Provider shall in no circumstance exceed twenty-five million dollars ($25,000,000), provided, however, that the foregoing shall not limit M&I'sMetavante' liability for willful misconduct.
Maximum Damages Allowed. Notwithstanding any other provision of this Agreement, and for any reason, including breach of any duty imposed by this contract or independent of this contract, and regardless of any claim in contract, tort, negligence or otherwise, Metavante's total, aggregate liability under this Agreement shall in no circumstance exceed ten million dollars ($10,000,000), provided that Service Level Credits paid to Spectrum under Schedule 5 hereof shall not be applied to such ten million dollar limitation.
Maximum Damages Allowed. Notwithstanding any other provision of ----------------------- this Agreement, and for any reason, including breach of any duty imposed by this contract or independent of this contract, and regardless of any claim in contract, tort, negligence or otherwise, Metavante's total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Metavante by Reseller under this Agreement during the *** prior to the act or event giving rise to such claim, provided, however, that the foregoing shall not limit Metavante's obligation to indemnify Reseller against Third Party claims under Section 6.1B(i) hereof, subject to Reseller's compliance of Section 6.3 hereof.
Maximum Damages Allowed. Notwithstanding any other provision of this Agreement, and for any reason, including breach of any duty imposed by this Agreement or independent of this Agreement, and regardless of any claim in contract, tort (including negligence) or otherwise, Metavante’s total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Metavante by Client for the Services during the twelve (12) months prior to the act or event giving rise to such claim; provided, however, Metavante shall not be released from liability and/or the amount of any potential liability of Metavante shall not be limited in any circumstance in which Client incurred any loss caused by any action or omission of Metavante which constitutes gross negligence, willful misconduct or bad faith.