Common use of In other cases Clause in Contracts

In other cases. UNISERV is not liable except for breach of a major obligation (Kardinalpflicht) and only up to the limits in the following subsection. A breach of a major obligation in the meaning of this section 12.1 (b) is assumed where the duty itself is a necessary prerequisite for the contractual performance, or where the breach of the relevant duty jeopardizes the purpose of the contract and where Customer could legitimately rely upon its fulfillment. Liability in cases under section 12.1 (b) in this section is limited to € 10,000 per incident and limited in total to 50% of the annual remuneration.