Common use of Dollar Cap Clause in Contracts

Dollar Cap. ENTRUST’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER (OR TENANT), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, AND THE SERVICE AND/OR TOKENS PROVIDED THEREUNDER WILL NOT EXCEED THE FEES PAID TO ENTRUST BY CUSTOMER (OR BY AN AUTHORIZED RESELLER, AS APPLICABLE) FOR THE SERVICE AND/OR TOKENS FROM WHICH THE LIABILITY AROSE IN THE TWELVE MONTHS PRIOR TO THE MONTH IN WHICH THE LIABILITY AROSE. 12.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY ARTICLE 12 (LIMITATION OF LIABILITY) APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF ENTRUST IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES (OR TENANT’S REMEDIES, IF ANY) FAIL OF THEIR ESSENTIAL PURPOSE. If applicable laws, rules or regulations limit the application of the provisions of Article 12 (Limitation of Liability), Entrust’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Entrust’s liability limits and other rights set forth in this Article 12 (Limitation of Liability) apply likewise to Entrust’s Affiliates, and their respective licensors, suppliers, hosting providers, agents, directors, officers, employees, consultants, and any other representatives.

Dollar Cap. ENTRUSTCLL’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER (OR TENANT), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, AND THE SERVICE AND/OR TOKENS PROVIDED THEREUNDER RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID TO ENTRUST BY CUSTOMER (OR BY AN AUTHORIZED RESELLER, AS APPLICABLE) FOR DURING THE SERVICE AND/OR TOKENS FROM WHICH 12 MONTHS PRECEDING THE LIABILITY AROSE IN THE TWELVE MONTHS PRIOR INJURY GIVING RISE TO THE MONTH LIABILITY. Exclusion of Consequential Damages. IN WHICH THE LIABILITY AROSE. 12.3NO EVENT WILL CLL BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 12 (LIMITATION OF LIABILITY) 9 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF ENTRUST CLL IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES (OR TENANT’S REMEDIES, IF ANY) FAIL OF THEIR ESSENTIAL PURPOSE. If applicable laws, rules or regulations limit law limits the application of the provisions of this Article 12 (Limitation of Liability)9, EntrustCLL’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, EntrustCLL’s liability limits and other rights set forth in this Article 12 (Limitation of Liability) 9 apply likewise to EntrustCLL’s Affiliatesaffiliates, and their respective licensors, suppliers, hosting providersadvertisers, agents, sponsors, directors, officers, employees, consultants, and any other representatives.

Dollar Cap. ENTRUST’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER MSP (SUB-MSP OR TENANT), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, AGREEMENT AND THE SERVICE AND/OR TOKENS PROVIDED THEREUNDER WILL NOT EXCEED THE FEES PAID TO ENTRUST BY CUSTOMER (OR BY AN AUTHORIZED RESELLER, AS APPLICABLE) MSP FOR THE SERVICE AND/OR TOKENS FROM WHICH THE LIABILITY AROSE IN THE TWELVE MONTHS PRIOR TO THE MONTH IN WHICH THE LIABILITY AROSE. 12.311.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY ARTICLE 12 11 (LIMITATION OF LIABILITY) APPLY: (aA) TO LIABILITY FOR NEGLIGENCE; (bB) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (cC) EVEN IF ENTRUST IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (dD) EVEN IF CUSTOMERMSP’S REMEDIES (SUB- MSP’S OR TENANT’S REMEDIES, IF ANY) FAIL OF THEIR ESSENTIAL PURPOSE. If applicable laws, rules or regulations limit the application of the provisions of Article 12 11 (Limitation of Liability), Entrust’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Entrust’s liability limits and other rights set forth in this Article 12 11 (Limitation of Liability) apply likewise to Entrust’s Affiliates, and their respective licensors, suppliers, hosting providers, agents, directors, officers, employees, consultants, and any other representatives.

Dollar Cap. ENTRUSTENTRUST DATACARD’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER MSP (OR TENANT), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, AGREEMENT AND THE SERVICE AND/OR TOKENS PROVIDED THEREUNDER WILL NOT EXCEED THE FEES PAID TO ENTRUST DATACARD BY CUSTOMER (OR BY AN AUTHORIZED RESELLER, AS APPLICABLE) MSP FOR THE SERVICE AND/OR TOKENS FROM WHICH THE LIABILITY AROSE IN THE TWELVE MONTHS PRIOR TO THE MONTH IN WHICH THE LIABILITY AROSE. 12.311.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY ARTICLE 12 11 (LIMITATION OF LIABILITY) APPLY: (aA) TO LIABILITY FOR NEGLIGENCE; (bB) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (cC) EVEN IF ENTRUST DATACARD IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (dD) EVEN IF CUSTOMERMSP’S REMEDIES (OR TENANT’S REMEDIES, IF ANY) FAIL OF THEIR ESSENTIAL PURPOSE. If applicable laws, rules or regulations limit the application of the provisions of Article 12 11 (Limitation of Liability), EntrustEntrust Datacard’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, EntrustEntrust Datacard’s liability limits and other rights set forth in this Article 12 11 (Limitation of Liability) apply likewise to EntrustEntrust Datacard’s Affiliates, and their respective licensors, suppliers, hosting providers, agents, directors, officers, employees, consultants, and any other representatives.