Common use of LIABILITY AND LIMITATION OF LIABILITY Clause in Contracts

LIABILITY AND LIMITATION OF LIABILITY. 7.1 Company commits to an obligation to use all commercially reasonable eorts to provide Services in accordance with Agreement. 7.2 Notwithstanding anything to the contrary, neither Party shall be responsible or liable for any indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of revenue, profits, goodwill, use, data or other intangible loss, loss of profits, damage to reputation,… resulting from the use or inability to use SaaS or the performance of Services. 7.3 In any case shall Company’s global, cumulative liability be limited, to the extent permied by law, to an amount equal to Fees paid under this Agreement during the period of twelve (12) months preceding the event giving rise to the liability claim. To the extent permied by law, all liability is excluded for non-paying Customers. 7.4 Company shall not be responsible or liable with respect to any subject maer of Agreement related thereto: (i) For error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business or profits; (ii) For any damages resulting from a use of a solution that is contrary to Company’s instructions; (iii) For any maer beyond Company’s reasonable control or Force Majeure; or (iv) For any amounts that, together with amounts associated with all other claims, exceed ▇▇▇▇ paid by Customer to Company for Services under this Agreement in the twelve (12) months prior to the act that gave rise to the liability, in each case, whether or not Company has been advised of damage possibilities. 7.5 The limitations or exclusions of liability are not applicable to Company’s liability for fraud, willful misconduct, breach of confidentiality obligations in this Agreement, or bodily injury of a person caused by Company’s negligence or any other loss for which Company cannot lawfully exclude its liability. None of the limitations in this Article 7 will apply to Customer’s liability or indemnification obligations.