Common use of Cap on Liability Clause in Contracts

Cap on Liability. To the extent permitted by law, under no circumstances will either Party’s total aggregate liability of all kinds arising out of or related to the Agreement, regardless of the forum and regardless of whether any action or claim is based on contract, tort (including negligence), or otherwise, exceed the total amounts paid or payable by Customer under the Agreement during the 12 months immediately preceding the date of the event giving rise to the Claim. The foregoing limitations in Sections 6.1 and 6.2 do not apply to claims based on: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) either Party’s intellectual property indemnification obligations in Section 5; (iv) the liability of either Party for misappropriating the other Party’s intellectual property; (v) Showpad’s data privacy remediation obligations in Section 3.4; (vi) Customer’s payment obligations.

Cap on Liability. To the extent permitted by law, under no circumstances will either Party’s total aggregate liability of all kinds arising out of or related to the Agreement, regardless of the forum and regardless of whether any action or claim is based on contract, tort (including negligence), or otherwise, exceed the total amounts paid or payable by Customer under the Agreement during the 12 months immediately preceding the date of the event giving rise to the Claim. The foregoing limitations in Sections 6.1 and 6.2 do not apply to claims based on: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) either Party’s intellectual property indemnification obligations in Section 5; (iv) the liability of either Party for misappropriating the other Party’s intellectual property; (v) Showpad’s data privacy remediation obligations in Section 3.4; 3.4 (viv) Customer’s payment obligations.

Cap on Liability. To the extent permitted by law, under no circumstances will either Party’s total aggregate liability of all kinds arising out of or related to the Agreement, regardless of the forum and regardless of whether any action or claim is based on contract, tort (including negligence), or otherwise, exceed the total amounts paid or payable by Customer under the Agreement during the 12 months immediately preceding the date of the event giving rise to the Claim. The foregoing limitations in Sections 6.1 and 6.2 do not apply to claims based on: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) either Party’s intellectual property indemnification obligations in Section 5; (iv) the liability of either Party for misappropriating the other Party’s intellectual property; (v) ShowpadTopodium’s data privacy remediation obligations in Section 3.4; (vi) Customer’s payment obligations.