Common use of Liability and limitations of liability Clause in Contracts

Liability and limitations of liability. 9.1 The limitation of liability in the Cooperation Agreement (Section 7) shall also apply to liability arising from a breach of the Data Processing Agreement. However, the limitation of liability shall not apply to any claims of third parties (data subjects) against the Data Controller, as data controller, for losses resulting from the failure of the Data Pro- cessor to comply with the Data Processing Agreement concluded. 9.2 The Parties disclaim any liability for indirect losses, including operational losses, increased operational costs, lost savings or lost profits. It is specified that any claim by a third party (the data subjects) against the Data Controller as data controller, for losses resulting from the failure of the Data Processor to comply with the concluded data processing agreement, shall be counted as a direct loss. 9.3 The liability of the Parties for all cumulative claims under this Data Processing Agreement shall be limited to the limitation of liability set forth in the Agreement.