Common use of Mutual Liability cap Clause in Contracts

Mutual Liability cap. (a) Subject to Section 11.5, any non-excludable applicable law and either party’s liability for any indemnity under a Service Addendum, and to the extent that a party’s liability is not otherwise limited or excluded under this Agreement, a party’s total liability whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with this Agreement is limited, in the aggregate, to the total Subscription Service Fees paid or payable by You during the first 12 months of the Term (“Mutual Cap”). (b) The Mutual Cap will not be increased in any circumstances, including as a result of any recovery made by either party. Upon the Mutual Cap being exhausted, and subject to Section 11.5, any non-excludable applicable law and the parties’ liability for any indemnity given under a Service Addendum, neither party will have any further liability to the other party in connection with this Agreement regardless of when the liability is discovered and whether or not previously notified.

Mutual Liability cap. (a) Subject to Section 11.511.4, any non-excludable applicable law and either party’s liability for any indemnity under a Service Addendum, and to the extent that a party’s liability is not otherwise limited or excluded under this Agreement, a party’s total liability whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with this Agreement is limited, in the aggregate, to the total Subscription Service Fees paid or payable by You during the first 12 months of the Term (“Mutual Cap”). (b) The Mutual Cap will not be increased in any circumstances, including as a result of any recovery made by either party. Upon the Mutual Cap being exhausted, and subject to Section 11.511.4, any non-excludable applicable law and the parties’ liability for any indemnity given under a Service Addendum, neither party will have any further liability to the other party in connection with this Agreement regardless of when the liability is discovered and whether or not previously notified.