Common use of Cumulative Liability Clause in Contracts

Cumulative Liability. Supplier’s cumulative overall liability for the work, regardless of the kind of liabilities and/or non-performances, if any may remain, under this General Terms and Conditions or at law shall not exceed a maximum overall amount equal to 10% (ten percent) of the Contract price paid to Supplier under this Contract or the maximum overall amount of Euro. 500.000,- whichever is less, even if held to amount to a breach of warranty. Buyer shall indemnify defend and hold harmless Supplier for such claims in excess of this percentage/amount. When Supplier performs engineering Services Supplier’s maximum cumulative overall liability is limited to re-performance of the engineering Services; such re-performance being further limited to 20% of the engineering Contract price. The cumulative overall limit of liability shall not only apply in contract but also in tort, otherwise at law or any other legal proceeding. - Defined terms to include. For the purposes of the provisions H and I, the term Supplier is used as a reference individually and collectively for Supplier including its partners, affiliated companies, agents, representatives, suppliers and subcontractors of Supplier and their respective employees and the subrogees of that party. Similarly, the term Buyer is used as a reference individually and collectively for Buyer including its partners, affiliated companies, agents, successors, representatives, clients and contractors of Buyer, and their employees and the subrogees of that party.