Common use of Liability Limit Clause in Contracts

Liability Limit. EACH PARTY’S TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY HEREUNDER SHALL NOT EXCEED ONE MILLION CANADIAN DOLLARS (CAD$1,000,000) (THE “DAMAGES CAP”). NOTWITHSTANDING THE FOREGOING, IN THE EVENT OF A BREACH BY EITHER PARTY OF ITS CONFIDENTIALITY AND PRIVACY OBLIGATIONS UNDER THIS AGREEMENT, OR FOR DIRECT DAMAGES RESULTING FROM EITHER PARTY’S INDEMNIFICATION OBLIGATION UNDER SECTION 13.1(i) OR SECTION 13.4(i), AS APPLICABLE, THE DAMAGES CAP SHALL AUTOMATICALLY INCREASE, WITHOUT FURTHER ACTION REQUIRED BY THE PARTIES, TO TWO MILLION CANADIAN DOLLARS (CAD$2,000,000). FOR THE SAKE OF CLARITY, THERE SHALL BE NO LIMIT ON THE DAMAGES PAYABLE BY: (A) IGLOO IN RESPECT OF AMOUNTS OWING TO ANY THIRD PARTY THAT INITIATED A CLAIM COVERED BY SECTION 13.1(i); (B) CUSTOMER IN RESPECT OF AMOUNTS OWING TO ANY THIRD PARTY THAT INITIATED A CLAIM COVERED BY THE INDEMNITY SET FORTH IN SECTIONS 13.4(i); OR (C) EITHER PARTY IN RESPECT OF A CLAIM RESULTING FROM FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF SUCH PARTY; WHERE, IN THE CASE OF (A), (B) OR (C), SUCH DAMAGES ARE EITHER AWARDED BY A COURT OF COMPETENT JURISDICTION OR PAID IN RESPECT OF A SETTLEMENT WITH THE APPLICABLE THIRD PARTY.

Liability Limit. EACH PARTY’S TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY HEREUNDER SHALL NOT EXCEED ONE TWO MILLION CANADIAN DOLLARS (CAD$1,000,000CAD$2,000,000) (THE “DAMAGES CAP”). NOTWITHSTANDING THE FOREGOING, IN THE EVENT OF A BREACH BY EITHER PARTY OF ITS CONFIDENTIALITY AND PRIVACY OBLIGATIONS UNDER THIS AGREEMENT, OR FOR DIRECT DAMAGES RESULTING FROM EITHER PARTY’S INDEMNIFICATION OBLIGATION UNDER SECTION 13.1(i) OR SECTION 13.4(i), AS APPLICABLE, THE DAMAGES CAP SHALL AUTOMATICALLY INCREASE, WITHOUT FURTHER ACTION REQUIRED BY THE PARTIES, TO TWO FOUR MILLION CANADIAN DOLLARS (CAD$2,000,000CAD$4,000,000). FOR THE SAKE OF CLARITY, THERE SHALL BE NO LIMIT ON THE DAMAGES PAYABLE BY: (A) IGLOO IN RESPECT OF AMOUNTS OWING TO ANY THIRD PARTY THAT INITIATED A CLAIM COVERED BY SECTION 13.1(i); (B) CUSTOMER IN RESPECT OF AMOUNTS OWING TO ANY THIRD PARTY THAT INITIATED A CLAIM COVERED BY THE INDEMNITY SET FORTH IN SECTIONS 13.4(i); OR (C) EITHER PARTY IN RESPECT OF A CLAIM RESULTING FROM FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF SUCH PARTY; WHERE, IN THE CASE OF (A), (B) OR (C), SUCH DAMAGES ARE EITHER AWARDED BY A COURT OF COMPETENT JURISDICTION OR PAID IN RESPECT OF A SETTLEMENT WITH THE APPLICABLE THIRD PARTY.