Common use of Note to Bidders Clause in Contracts

Note to Bidders. The indemnities provided by the Supplier in these Clauses shall remain as unlimited because they are matters over which the Supplier has full control and the potential losses which could be incurred by the Customer for Supplier breach of those Clauses is unquantifiable and could cause serious reputational damage to the Customer Subject to Clauses 37.1, 37.2, 37.4 and 37.6, each Party’s total aggregate liability in respect of all Losses as a result of a default howsoever arising out of or in connection with this Contract shall be limited to: In relation to Losses suffered as a result of a default resulting in direct loss or damage to property (including any technical infrastructure, assets or equipment but excluding any loss or damage to IPR, Customer Data or Customer Personal Data) of the other Party the sum of one million pounds £1,000,000 in each Contract Year in which the default occurred or is occurring unless otherwise stipulated by the Customer in a Further Competition Procedure; and in respect of all other Losses: in relation to Losses suffered as a result of a default occurred or occurring in the first six Months, the greater of the sum of five hundred thousand pounds£500,000 or a sum equal to 200% of the Estimated Contract Charges for the first six Months in relation to Losses suffered as a result of a default occurred or occurring during the remainder of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately preceding the event giving rise to the liability; and in relation to Losses suffered as a result of a default occurred or occurring after the end of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately prior to the end of the Contract Period. Unless a different aggregate limit or percentage is stipulated by the Customer in a Further Competition Procedure.

Note to Bidders. The indemnities provided by the Supplier in these Clauses shall remain as unlimited because they are matters over which the Supplier has full control and the potential losses which could be incurred by the Customer for Supplier breach of those Clauses is unquantifiable and could cause serious reputational damage to the Customer Subject to Clauses 37.1, 37.2, 37.4 and 37.6, each Party’s total aggregate liability in respect of all Losses as a result of a default howsoever arising out of or in connection with this Contract shall be limited to: In relation to Losses suffered as a result of a default resulting in direct loss or damage to property (including any technical infrastructure, assets or equipment but excluding any loss or damage to IPR, Customer Data or Customer Personal Data) of the other Party the sum of one million pounds £1,000,000 in each Contract Year in which the default occurred or is occurring unless otherwise stipulated by the Customer in a Further Competition Procedure; and in respect of all other Losses: in relation to Losses suffered as a result of a default occurred or occurring in the first six Months, the greater of the sum of five hundred thousand pounds£500,000 or a sum equal to 200% of the Estimated Contract Charges for the first six Months in relation to Losses suffered as a result of a default occurred or occurring during the remainder of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately preceding the event giving rise to the liability; and in relation to Losses suffered as a result of a default occurred or occurring after the end of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately prior to the end of the Contract Period. Unless a different aggregate limit or percentage is stipulated by the Customer in a Further Competition Procedure. A Party shall not be responsible for any Loss under this Contract if and to the extent that it is caused by the default of the other (Default on the part of the Supplier and Customer Cause on the part of the Customer). Subject to Clauses 37.1, 37.2 and 37.6 in no event shall either Party be liable to the other for any: loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; loss of savings (whether anticipated or otherwise); and/or any indirect, special or consequential loss or damage. The Supplier shall be liable for the following types of Loss which shall be regarded as direct and shall (without in any way, limiting other categories of Loss which may be recoverable by the Customer) be recoverable by the Customer: the additional operational and/or administrative costs and expenses arising from any Material Breach; any regulatory losses, fines, expenses or other Losses arising from a breach by the Supplier of any Law. No enquiry, inspection, approval, sanction, comment, consent, or decision at any time made or given by or on behalf of the Customer to any document or information provided by the Supplier in its provision of the Services, and no failure of the Customer to discern any defect in or omission from any such document or information shall operate to exclude or limit the obligation of the Supplier to carry out all the obligations of a professional supplier employed in a client/customer relationship. Save as otherwise expressly provided, the obligations of the Customer under this Contract are obligations of the Customer in its capacity as a contracting counterparty and nothing in this Contract shall operate as an obligation upon, or in any other way xxxxxx or constrain the Customer in any other capacity, nor shall the exercise by the Customer of its duties and powers in any other capacity lead to any liability under this Contract (howsoever arising) on the part of the Customer to the Supplier. For the avoidance of doubt any liabilities which are unlimited shall not be taken into account for the purposes of establishing whether the limit in Clause 37.3.1 has been reached. Nothing in this Clause 37 shall act to reduce or affect a Party’s general duty to mitigate its loss.

Note to Bidders. The indemnities provided by the Supplier in these Clauses shall remain as unlimited because they are matters over which the Supplier has full control and the potential losses which could be incurred by the Customer for Supplier breach of those Clauses is unquantifiable and could cause serious reputational damage to the Customer Subject to Clauses 37.1, 37.2, 37.4 and 37.6, each Party’s total aggregate liability in respect of all Losses as a result of a default howsoever arising out of or in connection with this Contract shall be limited to: In relation to Losses suffered as a result of a default resulting in direct loss or damage to property (including any technical infrastructure, assets or equipment but excluding any loss or damage to IPR, Customer Data or Customer Personal Data) of the other Party the sum of one million pounds £1,000,000 in each Contract Year in which the default occurred or is occurring unless otherwise stipulated by the Customer in a Further Competition Procedure; and in respect of all other Losses: in relation to Losses suffered as a result of a default occurred or occurring in the first six Months, the greater of the sum of five hundred thousand pounds£500,000 One Million Pound (£1,000,000) or a sum equal to 200% of the Estimated Contract Charges for the first six Months in relation to Losses suffered as a result of a default occurred or occurring during the remainder of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately preceding the event giving rise to the liability; and in relation to Losses suffered as a result of a default occurred or occurring after the end of the Contract Period, the greater of the sum of five hundred thousand pounds One Million Pound (£500,000 1,000,000) or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately prior to the end of the Contract Period. Unless a different aggregate limit or percentage is stipulated by the Customer in a Further Competition Procedure. A Party shall not be responsible for any Loss under this Contract if and to the extent that it is caused by the default of the other (Default on the part of the Supplier and Customer Cause on the part of the Customer). Subject to Clauses 37.1, 37.2 and 37.6 in no event shall either Party be liable to the other for any: loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; loss of savings (whether anticipated or otherwise); and/or any indirect, special or consequential loss or damage. The Supplier shall be liable for the following types of Loss which shall be regarded as direct and shall (without in any way, limiting other categories of Loss which may be recoverable by the Customer) be recoverable by the Customer: the additional operational and/or administrative costs and expenses arising from any Material Breach; any regulatory losses, fines, expenses or other Losses arising from a breach by the Supplier of any Law. No enquiry, inspection, approval, sanction, comment, consent, or decision at any time made or given by or on behalf of the Customer to any document or information provided by the Supplier in its provision of the Services, and no failure of the Customer to discern any defect in or omission from any such document or information shall operate to exclude or limit the obligation of the Supplier to carry out all the obligations of a professional supplier employed in a client/customer relationship. Save as otherwise expressly provided, the obligations of the Customer under this Contract are obligations of the Customer in its capacity as a contracting counterparty and nothing in this Contract shall operate as an obligation upon, or in any other way xxxxxx or constrain the Customer in any other capacity, nor shall the exercise by the Customer of its duties and powers in any other capacity lead to any liability under this Contract (howsoever arising) on the part of the Customer to the Supplier. For the avoidance of doubt any liabilities which are unlimited shall not be taken into account for the purposes of establishing whether the limit in Clause 37.3.1 has been reached. Nothing in this Clause 37 shall act to reduce or affect a Party’s general duty to mitigate its loss.

Note to Bidders. The indemnities provided by the Supplier in these Clauses shall remain as unlimited because they are matters over which the Supplier has full control and the potential losses which could be incurred by the Customer for Supplier breach of those Clauses is unquantifiable and could cause serious reputational damage to the Customer Customer] Subject to Clauses 37.1, 37.2, 37.4 and 37.6, each Party’s total aggregate liability in respect of all Losses as a result of a default howsoever arising out of or in connection with this Contract shall be limited to: In relation to Losses suffered as a result of a default resulting in direct loss or damage to property (including any technical infrastructure, assets or equipment but excluding any loss or damage to IPR, Customer Data or Customer Personal Data) of the other Party the sum of [[one million pounds pounds] [£1,000,000 ]] in each Contract Year in which the default occurred or is occurring unless otherwise stipulated by the Customer in a Further Competition Procedure; and in respect of all other Losses: in relation to Losses suffered as a result of a default occurred or occurring in the first [six Months], the greater of the sum of [[five hundred thousand pounds£500,000 pounds][£500,000]] or a sum equal to [200% %] of the Estimated Contract Charges for the [first six Months Months] in relation to Losses suffered as a result of a default occurred or occurring during the remainder of the Contract Period, the greater of the sum of [[five hundred thousand pounds £500,000 pounds][£500,000]] or an amount equal to [200% %] of the Contract Charges paid, due or which would have been payable under this Contract in the [[six 6 Months [6] Months]] immediately preceding the event giving rise to the liability; and in relation to Losses suffered as a result of a default occurred or occurring after the end of the Contract Period, the greater of the sum of [[five hundred thousand pounds £500,000 pounds][£500,000]] or an amount equal to [200% %] of the Contract Charges paid, due or which would have been payable under this Contract in the [[six 6 Months [6] Months]] immediately prior to the end of the Contract Period. Unless a different aggregate limit or percentage is stipulated by the Customer in a Further Competition Procedure. [Guidance Note: Customer to insert liability limits which are appropriate for its requirements and represent the right apportionment of risk between the Customer and the Supplier. The aim should be to establish liability ceilings reflecting a combination of the best estimate of the losses that the Customer might suffer in the event of a default by the Supplier, the likelihood of those losses occurring and the value for money considerations in limiting liability] A Party shall not be responsible for any Loss under this Contract if and to the extent that it is caused by the default of the other (Default on the part of the Supplier and Customer Cause on the part of the Customer). Subject to Clauses 37.1, 37.2 and 37.6 in no event shall either Party be liable to the other for any: loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; loss of savings (whether anticipated or otherwise); and/or any indirect, special or consequential loss or damage. The Supplier shall be liable for the following types of Loss which shall be regarded as direct and shall (without in any way, limiting other categories of Loss which may be recoverable by the Customer) be recoverable by the Customer: the additional operational and/or administrative costs and expenses arising from any Material Breach; any regulatory losses, fines, expenses or other Losses arising from a breach by the Supplier of any Law. No enquiry, inspection, approval, sanction, comment, consent, or decision at any time made or given by or on behalf of the Customer to any document or information provided by the Supplier in its provision of the Services, and no failure of the Customer to discern any defect in or omission from any such document or information shall operate to exclude or limit the obligation of the Supplier to carry out all the obligations of a professional supplier employed in a client/customer relationship. Save as otherwise expressly provided, the obligations of the Customer under this Contract are obligations of the Customer in its capacity as a contracting counterparty and nothing in this Contract shall operate as an obligation upon, or in any other way xxxxxx or constrain the Customer in any other capacity, nor shall the exercise by the Customer of its duties and powers in any other capacity lead to any liability under this Contract (howsoever arising) on the part of the Customer to the Supplier. For the avoidance of doubt any liabilities which are unlimited shall not be taken into account for the purposes of establishing whether the limit in Clause 37.3.1 has been reached. Nothing in this Clause 37 shall act to reduce or affect a Party’s general duty to mitigate its loss.

Note to Bidders. The indemnities provided by the Supplier in these Clauses shall remain as unlimited because they are matters over which the Supplier has full control and the potential losses which could be incurred by the Customer for Supplier breach of those Clauses is unquantifiable and could cause serious reputational damage to the Customer Subject to Clauses 37.1, 37.2, 37.4 and 37.6, each Party’s total aggregate liability in respect of all Losses as a result of a default howsoever arising out of or in connection with this Contract shall be limited to: In relation to Losses suffered as a result of a default resulting in direct loss or damage to property (including any technical infrastructure, assets or equipment but excluding any loss or damage to IPR, Customer Data or Customer Personal Data) of the other Party the sum of one million pounds £1,000,000 in each Contract Year in which the default occurred or is occurring unless otherwise stipulated by the Customer in a Further Competition Procedure; and in respect of all other Losses: in relation to Losses suffered as a result of a default occurred or occurring in the first six (6) Months, the greater of the sum of five hundred thousand pounds£500,000 pounds £500,000 or a sum equal to 200% of the Estimated Contract Charges for the first six (6) Months in relation to Losses suffered as a result of a default occurred or occurring during the remainder of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 (6) Months immediately preceding the event giving rise to the liability; and in relation to Losses suffered as a result of a default occurred or occurring after the end of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 (6) Months immediately prior to the end of the Contract Period. Unless a different aggregate limit or percentage is stipulated by the Customer in a Further Competition Procedure.

Note to Bidders. The indemnities provided by the Supplier in these Clauses shall remain as unlimited because they are matters over which the Supplier has full control and the potential losses which could be incurred by the Customer for Supplier breach of those Clauses is unquantifiable and could cause serious reputational damage to the Customer Subject to Clauses 37.1, 37.2, 37.4 and 37.6, each Party’s total aggregate liability in respect of all Losses as a result of a default howsoever arising out of or in connection with this Contract shall be limited to: In relation to Losses suffered as a result of a default resulting in direct loss or damage to property (including any technical infrastructure, assets or equipment but excluding any loss or damage to IPR, Customer Data or Customer Personal Data) of the other Party the sum of one million pounds £1,000,000 in each Contract Year in which the default occurred or is occurring unless otherwise stipulated by the Customer in a Further Competition Procedure; and in respect of all other Losses: in relation to Losses suffered as a result of a default occurred or occurring in the first six Months, the greater of the sum of five hundred thousand pounds£500,000 pounds £500,000 or a sum equal to 200% of the Estimated Contract Charges for the first six Months in relation to Losses suffered as a result of a default occurred or occurring during the remainder of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately preceding the event giving rise to the liability; and in relation to Losses suffered as a result of a default occurred or occurring after the end of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately prior to the end of the Contract Period. Unless a different aggregate limit or percentage is stipulated by the Customer in a Further Competition Procedure.

Note to Bidders. The indemnities provided by the Supplier in these Clauses shall remain as unlimited because they are matters over which the Supplier has full control and the potential losses which could be incurred by the Customer for Supplier breach of those Clauses is unquantifiable and could cause serious reputational damage to the Customer Subject to Clauses 37.1, 37.2, 37.4 and 37.6, each Party’s total aggregate liability in respect of all Losses as a result of a default howsoever arising out of or in connection with this Contract shall be limited to: In relation to Losses suffered as a result of a default resulting in direct loss or damage to property (including any technical infrastructure, assets or equipment but excluding any loss or damage to IPR, Customer Data or Customer Personal Data) of the other Party the sum of one million pounds £1,000,000 in each Contract Year in which the default occurred or is occurring unless otherwise stipulated by the Customer in a Further Competition Procedure; and in respect of all other Losses: in relation to Losses suffered as a result of a default occurred or occurring in the first six Months, the greater of the sum of five hundred thousand pounds£500,000 pounds £500,000 or a sum equal to 200% of the Estimated Contract Charges for the first six Months in relation to Losses suffered as a result of a default occurred or occurring during the remainder of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately preceding the event giving rise to the liability; and in relation to Losses suffered as a result of a default occurred or occurring after the end of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately prior to the end of the Contract Period. Unless a different aggregate limit or percentage is stipulated by the Customer in a Further Competition Procedure. A Party shall not be responsible for any Loss under this Contract if and to the extent that it is caused by the default of the other (Default on the part of the Supplier and Customer Cause on the part of the Customer). Subject to Clauses 37.1, 37.2 and 37.6 in no event shall either Party be liable to the other for any: loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; loss of savings (whether anticipated or otherwise); and/or any indirect, special or consequential loss or damage. The Supplier shall be liable for the following types of Loss which shall be regarded as direct and shall (without in any way, limiting other categories of Loss which may be recoverable by the Customer) be recoverable by the Customer: the additional operational and/or administrative costs and expenses arising from any Material Breach; any regulatory losses, fines, expenses or other Losses arising from a breach by the Supplier of any Law. No enquiry, inspection, approval, sanction, comment, consent, or decision at any time made or given by or on behalf of the Customer to any document or information provided by the Supplier in its provision of the Services, and no failure of the Customer to discern any defect in or omission from any such document or information shall operate to exclude or limit the obligation of the Supplier to carry out all the obligations of a professional supplier employed in a client/customer relationship. Save as otherwise expressly provided, the obligations of the Customer under this Contract are obligations of the Customer in its capacity as a contracting counterparty and nothing in this Contract shall operate as an obligation upon, or in any other way xxxxxx or constrain the Customer in any other capacity, nor shall the exercise by the Customer of its duties and powers in any other capacity lead to any liability under this Contract (howsoever arising) on the part of the Customer to the Supplier. For the avoidance of doubt any liabilities which are unlimited shall not be taken into account for the purposes of establishing whether the limit in Clause 37.3.1 has been reached. Nothing in this Clause 37 shall act to reduce or affect a Party’s general duty to mitigate its loss.

Note to Bidders. The indemnities provided by the Supplier in these Clauses shall remain as unlimited because they are matters over which the Supplier has full control and the potential losses which could be incurred by the Customer for Supplier breach of those Clauses is unquantifiable and could cause serious reputational damage to the Customer Subject to Clauses 37.1, 37.2, 37.4 and 37.6, each Party’s total aggregate liability in respect of all Losses as a result of a default howsoever arising out of or in connection with this Contract shall be limited to: In relation to Losses suffered as a result of a default resulting in direct loss or damage to property (including any technical infrastructure, assets or equipment but excluding any loss or damage to IPR, Customer Data or Customer Personal Data) of the other Party the sum of one million pounds £1,000,000 in each Contract Year in which the default occurred or is occurring unless otherwise stipulated by the Customer in a Further Competition Procedure; and in respect of all other Losses: in relation to Losses suffered as a result of a default occurred or occurring in the first six Months, the greater of the sum of five hundred thousand pounds£500,000 or a sum equal to 200125% of the Estimated Contract Charges for the first six Months in relation to Losses suffered as a result of a default occurred or occurring during the remainder of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately preceding the event giving rise to the liability; and in relation to Losses suffered as a result of a default occurred or occurring after the end of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately prior to the end of the Contract Period. Unless a different aggregate limit or percentage is stipulated by the Customer in a Further Competition Procedure.

Note to Bidders. The indemnities provided by the Supplier in these Clauses shall remain as unlimited because they are matters over which the Supplier has full control and the potential losses which could be incurred by the Customer for Supplier breach of those Clauses is unquantifiable and could cause serious reputational damage to the Customer Subject to Clauses 37.1, 37.2, 37.4 and 37.6, each Party’s total aggregate liability in respect of all Losses as a result of a default howsoever arising out of or in connection with this Contract shall be limited to: In relation to Losses suffered as a result of a default resulting in direct loss or damage to property (including any technical infrastructure, assets or equipment but excluding any loss or damage to IPR, Customer Data or Customer Personal Data) of the other Party the sum of one five million pounds £1,000,000 5,000,000 in each Contract Year in which the default occurred or is occurring unless otherwise stipulated by the Customer in a Further Competition Procedure; and in respect of all other Losses: in relation to Losses suffered as a result of a default occurred or occurring in the first six Months, the greater of the sum of five hundred thousand pounds£500,000 pounds £2,500,000 or a sum equal to 200% of the Estimated Contract Charges for the first six Months in relation to Losses suffered as a result of a default occurred or occurring during the remainder of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 2,500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately preceding the event giving rise to the liability; and in relation to Losses suffered as a result of a default occurred or occurring after the end of the Contract Period, the greater of the sum of five hundred thousand pounds £500,000 2,500,000 or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately prior to the end of the Contract Period. Unless a different aggregate limit or percentage is stipulated by the Customer in a Further Competition Procedure. A Party shall not be responsible for any Loss under this Contract if and to the extent that it is caused by the default of the other (Default on the part of the Supplier and Customer Cause on the part of the Customer). Subject to Clauses 37.1, 37.2 and 37.6 in no event shall either Party be liable to the other for any: loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; loss of savings (whether anticipated or otherwise); and/or any indirect, special or consequential loss or damage. The Supplier shall be liable for the following types of Loss which shall be regarded as direct and shall (without in any way, limiting other categories of Loss which may be recoverable by the Customer) be recoverable by the Customer: the additional operational and/or administrative costs and expenses arising from any Material Breach; any regulatory losses, fines, expenses or other Losses arising from a breach by the Supplier of any Law. No enquiry, inspection, approval, sanction, comment, consent, or decision at any time made or given by or on behalf of the Customer to any document or information provided by the Supplier in its provision of the Services, and no failure of the Customer to discern any defect in or omission from any such document or information shall operate to exclude or limit the obligation of the Supplier to carry out all the obligations of a professional supplier employed in a client/customer relationship. Save as otherwise expressly provided, the obligations of the Customer under this Contract are obligations of the Customer in its capacity as a contracting counterparty and nothing in this Contract shall operate as an obligation upon, or in any other way xxxxxx or constrain the Customer in any other capacity, nor shall the exercise by the Customer of its duties and powers in any other capacity lead to any liability under this Contract (howsoever arising) on the part of the Customer to the Supplier. For the avoidance of doubt any liabilities which are unlimited shall not be taken into account for the purposes of establishing whether the limit in Clause 37.3.1 has been reached. Nothing in this Clause 37 shall act to reduce or affect a Party’s general duty to mitigate its loss.

Note to Bidders. The indemnities provided by the Supplier in these Clauses shall remain as unlimited because they are matters over which the Supplier has full control and the potential losses which could be incurred by the Customer for Supplier breach of those Clauses is unquantifiable and could cause serious reputational damage to the Customer Subject to Clauses 37.1, 37.2, 37.4 and 37.6, each Party’s total aggregate liability in respect of all Losses as a result of a default howsoever arising out of or in connection with this Contract shall be limited to: In relation to Losses suffered as a result of a default resulting in direct loss or damage to property (including any technical infrastructure, assets or equipment but excluding any loss or damage to IPR, Customer Data or Customer Personal Data) of the other Party the sum of one million pounds (£1,000,000 1,000,000) in each Contract Year in which the default occurred or is occurring unless otherwise stipulated by the Customer in a Further Competition Procedure; and in respect of all other Losses: in relation to Losses suffered as a result of a default occurred or occurring in the first six Months, the greater of the sum of five hundred thousand pounds£500,000 or one million pounds (£1,000,000)or a sum equal to 200% of the Estimated Contract Charges for the first six Months in relation to Losses suffered as a result of a default occurred or occurring during the remainder of the Contract Period, the greater of the sum of five hundred thousand one million pounds (£500,000 1,000,000) or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately preceding the event giving rise to the liability; and in relation to Losses suffered as a result of a default occurred or occurring after the end of the Contract Period, the greater of the sum of five hundred thousand one million pounds (£500,000 1,000,000) or an amount equal to 200% of the Contract Charges paid, due or which would have been payable under this Contract in the six 6 Months immediately prior to the end of the Contract Period. Unless a different aggregate limit or percentage is stipulated by the Customer in a Further Competition Procedure. A Party shall not be responsible for any Loss under this Contract if and to the extent that it is caused by the default of the other (Default on the part of the Supplier and Customer Cause on the part of the Customer). Subject to Clauses 37.1, 37.2 and 37.6 in no event shall either Party be liable to the other for any: loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; loss of savings (whether anticipated or otherwise); and/or any indirect, special or consequential loss or damage. The Supplier shall be liable for the following types of Loss which shall be regarded as direct and shall (without in any way, limiting other categories of Loss which may be recoverable by the Customer) be recoverable by the Customer: the additional operational and/or administrative costs and expenses arising from any Material Breach; any regulatory losses, fines, expenses or other Losses arising from a breach by the Supplier of any Law. No enquiry, inspection, approval, sanction, comment, consent, or decision at any time made or given by or on behalf of the Customer to any document or information provided by the Supplier in its provision of the Services, and no failure of the Customer to discern any defect in or omission from any such document or information shall operate to exclude or limit the obligation of the Supplier to carry out all the obligations of a professional supplier employed in a client/customer relationship. Save as otherwise expressly provided, the obligations of the Customer under this Contract are obligations of the Customer in its capacity as a contracting counterparty and nothing in this Contract shall operate as an obligation upon, or in any other way xxxxxx or constrain the Customer in any other capacity, nor shall the exercise by the Customer of its duties and powers in any other capacity lead to any liability under this Contract (howsoever arising) on the part of the Customer to the Supplier. For the avoidance of doubt any liabilities which are unlimited shall not be taken into account for the purposes of establishing whether the limit in Clause 37.3.1 has been reached. Nothing in this Clause 37 shall act to reduce or affect a Party’s general duty to mitigate its loss.