Common use of Exceptions to Limitations of Liability Clause in Contracts

Exceptions to Limitations of Liability. The limitations of liability set forth in Section 18.3(a) shall not apply with respect to: (i) Losses paid pursuant to the indemnification obligations under this Agreement; (ii) Liability occasioned by any breach of the restrictions in Sections 13.1 and 13.3 on the disclosure or use of ABM Data, ABM Proprietary Information, or Supplier Confidential Information; (iii) Liability occasioned by any breach of a Party’s obligations under Article 13, other than those covered in Section 18.3(h)(ii) (provided that, unless such breach results from gross negligence, recklessness or intentional tortious conduct, such liability shall be subject to the liability caps set forth above; and provided further that, to the extent the breach involves Personal Data, the total aggregate liability of the breaching Party for consequential, incidental or special damages shall be limited to the greater of $2,000,000 or the total Charges payable to Supplier during the three (3) month period immediately preceding the last act or omission giving rise to such liability); ; or (iv) Termination Charges assessed under this Agreement.

Exceptions to Limitations of Liability. The limitations of liability set forth in Section 18.3(a) shall not apply with respect to: (i) Losses paid pursuant to the indemnification obligations under this Agreement; (ii) Liability occasioned by any breach of the restrictions in Sections 13.1 and 13.3 on the disclosure or use of ABM Data, ABM Proprietary Information, or Supplier Confidential Information; (iii) Liability occasioned by any breach of a Party’s obligations under Article 13, other than those covered in Section 18.3(h)(ii) (provided that, unless such breach results from gross negligence, recklessness or intentional tortious conduct, such liability shall be subject to the liability caps set forth above; and provided further that, to the extent the breach involves Personal Data, the total aggregate liability of the breaching Party for consequential, incidental or special damages shall be limited to the greater of $2,000,000 6,000,000 or the total Charges payable to Supplier during the three (3) month period immediately preceding the last act or omission giving rise to such liability); ; or (iv) Termination Charges assessed under this Agreement.