Common use of Cap on Liability Clause in Contracts

Cap on Liability. SUBJECT TO THE OTHER TERMS OF THIS SECTION 14, AND EXCEPT FOR: (I) EACH PARTY’S INDEMNITY OBLIGATIONS; AND, (II) YOUR PAYMENT OBLIGATIONS HEREUNDER, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS MSA (INCLUDING TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO US EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMS. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO OUR INDEMNITY OBLIGATIONS EXCEED THREE TIMES THE TOTAL AMOUNT PAID BY YOU TO US (EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMS.

Cap on Liability. SUBJECT TO THE OTHER TERMS OF THIS SECTION 14, AND EXCEPT FOR: (I) FOR EACH PARTY’S INDEMNITY OBLIGATIONS; AND, (II) OBLIGATIONS AND YOUR PAYMENT OBLIGATIONS HEREUNDER, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS MSA (INCLUDING TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO US EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMS. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO OUR INDEMNITY OBLIGATIONS EXCEED THREE TIMES THE TOTAL AMOUNT PAID BY YOU TO US (EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMS.

Cap on Liability. SUBJECT TO THE OTHER TERMS OF THIS SECTION 14, AND EXCEPT FOR: (I) FOR EACH PARTY’S INDEMNITY OBLIGATIONS; AND, (II) AND YOUR PAYMENT OBLIGATIONS HEREUNDER, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS MSA (INCLUDING TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO US EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMSCLAIMS (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION). UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO OUR INDEMNITY OBLIGATIONS EXCEED THREE TIMES THE TOTAL AMOUNT PAID BY YOU TO US (EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMSCLAIMS (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION).

Cap on Liability. SUBJECT TO THE OTHER TERMS OF THIS SECTION 1413, AND EXCEPT FOR: (I) EACH PARTY’S INDEMNITY OBLIGATIONS; AND, (II) YOUR PAYMENT OBLIGATIONS HEREUNDEROBLIGATIONS, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS MSA (INCLUDING TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO US EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) IN RELATION TO THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMS. UNDER NO CIRCUMSTANCES WILL OUR A PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO OUR ITS INDEMNITY OBLIGATIONS IN SECTION 12 EXCEED THREE TIMES THE TOTAL AMOUNT PAID BY YOU TO US (EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) IN RELATION TO THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMS.

Cap on Liability. SUBJECT TO THE OTHER TERMS OF THIS SECTION 14, AND EXCEPT FOR: (I) EACH FOR EITHER PARTY’S INDEMNITY OBLIGATIONS; AND, (II) YOUR PAYMENT A BREACH OF EITHER PARTY’S CONFIDENTIALITY OBLIGATIONS, CUSTOMER’S OBLIGATIONS HEREUNDERPURSUANT TO SECTION 4, OR A BREACH BY CUSTOMER OF SECTION 2, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS MSA AGREEMENT (INCLUDING TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU CUSTOMER TO US EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) PROVIDER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES (DETERMINED AS OF CONNECTED CLAIMSTHE DATE OF ANY FINAL JUDGMENT IN AN ACTION). UNDER NO CIRCUMSTANCES WILL OUR PROVIDER’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO OUR PROVIDER’S INDEMNITY OBLIGATIONS EXCEED THREE TIMES THE TOTAL AMOUNT PAID BY YOU CUSTOMER TO US (EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) PROVIDER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES (DETERMINED AS OF CONNECTED CLAIMSTHE DATE OF ANY FINAL JUDGMENT IN AN ACTION).

Cap on Liability. SUBJECT TO THE OTHER TERMS OF THIS SECTION 14, AND EXCEPT FOR: (I) EACH PARTY’S INDEMNITY OBLIGATIONS; AND, (II) YOUR PAYMENT OBLIGATIONS HEREUNDER, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS MSA (INCLUDING TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO US EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) IN RELATION TO THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMS. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO OUR INDEMNITY OBLIGATIONS EXCEED THREE TIMES THE TOTAL AMOUNT PAID BY YOU TO US (EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) IN RELATION TO THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMS.

Cap on Liability. SUBJECT TO THE OTHER TERMS OF THIS SECTION 14, AND EXCEPT FOR: (I) FOR EACH PARTY’S INDEMNITY OBLIGATIONS; AND, (II) OBLIGATIONS AND YOUR PAYMENT OBLIGATIONS HEREUNDER, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS MSA (INCLUDING TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO US EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMSCLAIMS . UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO OUR INDEMNITY OBLIGATIONS EXCEED THREE TIMES THE TOTAL AMOUNT PAID BY YOU TO US (EITHER DIRECTLY OR VIA A RESELLER (AS APPLICABLE) DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMS.

Cap on Liability. SUBJECT TO THE OTHER TERMS OF THIS SECTION 1411, AND EXCEPT FOR: (I) EACH PARTY’S INDEMNITY OBLIGATIONS; AND, (II) YOUR PAYMENT OBLIGATIONS HEREUNDEROBLIGATIONS, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS MSA ▇▇▇▇ (INCLUDING TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO US EITHER DIRECTLY OR VIA A THE RESELLER (AS APPLICABLE) IN RELATION TO THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMS. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO OUR INDEMNITY OBLIGATIONS EXCEED THREE TIMES THE TOTAL AMOUNT PAID BY YOU TO US (EITHER DIRECTLY OR VIA A THE RESELLER (AS APPLICABLE) IN RELATION TO THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR SERIES OF CONNECTED CLAIMS.