Common use of Liability Caps Clause in Contracts

Liability Caps. a) Except as provided in SECTION 13.2, the liability of IBM and its Affiliates to Equifax and its Affiliates under each Transaction Document arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: (i) to Direct Damages incurred by Equifax and its Affiliates equal to the charges paid by Equifax for the Services set forth in the supplement to such Transaction Document during the twelve (12) calendar months immediately prior to the first event which is the subject of the first claim or if twelve (12) months have not elapsed in the term of such Transaction Document at the time of the first such event, the charges to Equifax for the Services set forth in such Supplement during the first twelve (12) months of the term of such Transaction Document ("IBM Direct Damages Cap"); and (ii) in the event Equifax claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in Equifax's termination of the Agreement or any Transaction Document pursuant to SECTION 12.1(a) FOR CAUSE OR (e) FOR BANKRUPTCY, and the IBM Direct Damages Cap operates to preclude Equifax's recovery of its full amount of Transition Cover Costs, then Equifax shall be entitled to recover an additional amount from IBM, not to exceed fifty percent (50%) of the Direct Damages Cap, which amount shall be applied only toward such unrecovered Transition Cover Costs. b) Except as provided in SECTION 13.2, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations under each Transaction Document shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax upon a termination of such Transaction Document for convenience under SECTION 12.3(a) (the "EQUIFAX DIRECT DAMAGES CAP"). The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the "DIRECT DAMAGES CAPS".

Liability Caps. (a) Except as provided in SECTION 13.2Section *, the liability of IBM and its Affiliates to Equifax and its Affiliates under each Transaction Document this Agreement arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: (i) to Direct Damages incurred by Equifax and its Affiliates equal to the charges paid by Equifax for the Services set forth in the supplement to such Transaction Document affected country during the twelve (12) calendar months * immediately prior to the first event which is the subject of the first claim or if twelve (12) months * have not elapsed in the term of such Transaction Document this Agreement at the time of the first such event, the estimated charges to Equifax for the Services in the affected country set forth in such Supplement Schedule C (Charges) during the first twelve (12) months * of the term of such Transaction Document Term ("IBM Direct Damages Cap"); and (ii) in the event Equifax claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in Equifax's termination of the this Agreement or any Transaction Document pursuant to SECTION Section 12.1(a) FOR CAUSE OR (efor cause or Section 12.1(e) FOR BANKRUPTCYfor Bankruptcy, and the IBM Direct Damages Cap * operates to preclude Equifax's recovery of its full amount of Transition Cover Costs*, then Equifax * shall be entitled to recover an additional amount from IBM*, not to exceed fifty percent (50%) * of the Direct Damages Cap*, which amount shall be applied only toward such unrecovered Transition Cover Costs*. (b) Except as provided in SECTION 13.2Section *, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations under in each Transaction Document country shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax upon a termination of such Transaction Document for convenience under SECTION 12.3(a) Schedule C (the "EQUIFAX DIRECT DAMAGES CAPEquifax Direct Damages Cap"). The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the "DIRECT DAMAGES CAPSDirect Damages Caps". * Information deleted pursuant to Rule 24b-2 of the Exchange Act.

Liability Caps. (a) Except as provided in SECTION 13.2Section *, the liability of IBM and its Affiliates to Equifax and its Affiliates under each Transaction Document this Agreement arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: (i) to Direct Damages incurred by Equifax and its Affiliates equal to the charges paid by Equifax for the Services set forth in the supplement to such Transaction Document affected country during the twelve (12) calendar months * immediately prior to the first event which is the subject of the first claim or if twelve (12) months * have not elapsed in the term of such Transaction Document this Agreement at the time of the first such event, the estimated charges to Equifax for the Services in the affected country set forth in such Supplement Schedule C (Charges) during the first twelve (12) months * of the term of such Transaction Document Term ("“IBM Direct Damages Cap"”); and (ii) in the event Equifax claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in Equifax's ’s termination of the this Agreement or any Transaction Document pursuant to SECTION Section 12.1(a) FOR CAUSE OR (efor cause or Section 12.1(e) FOR BANKRUPTCYfor Bankruptcy, and the IBM Direct Damages Cap * operates to preclude Equifax's ’s recovery of its full amount of Transition Cover Costs*, then Equifax * shall be entitled to recover an additional amount from IBM*, not to exceed fifty percent (50%) * of the Direct Damages Cap*, which amount shall be applied only toward such unrecovered Transition Cover Costs*. (b) Except as provided in SECTION 13.2Section *, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations under in each Transaction Document country shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax upon a termination of such Transaction Document for convenience under SECTION 12.3(a) Schedule C (the "EQUIFAX DIRECT DAMAGES CAP"“Equifax Direct Damages Cap”). The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the "DIRECT DAMAGES CAPS"“Direct Damages Caps”. * Information omitted pursuant to a confidential treatment request under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the SEC.

Liability Caps. a) Except as provided in SECTION Section 13.2, the liability of IBM and its Affiliates to Equifax Certegy and its Affiliates under each Transaction Document arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: (i1) to Direct Damages incurred by Equifax Certegy and its Affiliates equal to the charges paid by Equifax Certegy for the Services set forth in the supplement to such Transaction Document during the twelve (12) calendar months immediately prior to the first event which is the subject of the first claim or if twelve (12) months have not elapsed in the term of such Transaction Document at the time of the first such event, the charges to Equifax Certegy for the Services set forth in such Supplement during the first twelve (12) months of the term of such Transaction Document ("“IBM Direct Damages Cap"”); and (ii2) in the event Equifax Certegy claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in Equifax's Certegy’s termination of the Agreement or any Transaction Document pursuant to SECTION 12.1(aSection 12.1 (a) FOR CAUSE OR for cause or (e) FOR BANKRUPTCYfor Bankruptcy, and the IBM Direct Damages Cap operates to preclude Equifax's Certegy’s recovery of its full amount of Transition Cover Costs, then Equifax Certegy shall be entitled to recover an additional amount from IBM, not to exceed fifty percent (50%) of the Direct Damages Cap, which amount shall be applied only toward such unrecovered Transition Cover Costs. b) Except as provided in SECTION Section 13.2, the liability of Equifax Certegy to IBM arising out of or resulting from the performance and non-performance of its obligations under each Transaction Document shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax Certegy upon a termination of such Transaction Document for convenience under SECTION Section 12.3(a) (the "EQUIFAX DIRECT DAMAGES CAP"“Certegy Direct Damages Cap”). The IBM Direct Damages Cap and the Equifax Certegy Direct Damages Cap are herein collectively called the "DIRECT DAMAGES CAPS"“Direct Damages Caps”.

Liability Caps. a) Except as provided in SECTION 13.2, the The liability of IBM and its Affiliates ISSC to Equifax and its Affiliates under each Transaction Document Flagstar arising out of or resulting from the performance or non-performance of IBM and/or ISSC and its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document this Agreement shall be limited (a) to "Direct Damages" incurred by Flagstar for each event which is the subject matter of a claim or cause of action with a liability cap for each such event which is not declared by Flagstar as the basis for its termination of this Agreement pursuant to Section 10.3(a) Cause or (e) Bankruptcy, equal to the actual charges to Flagstar for the Services during the three (3) calendar months immediately following each such event, which damages in the aggregate for all claims, causes of action or occurrences: (i) to Direct Damages incurred by Equifax and its Affiliates equal to shall not exceed the charges paid by Equifax to Flagstar for the Services set forth in the supplement to such Transaction Document Supplement during the twelve twenty-four (1224) calendar months immediately prior to following the first such event which is the subject of the first claim or if twelve there are not twenty-four (1224) months have not elapsed left in the term of such Transaction Document at the time of Term after the first such event, the charges to Equifax Flagstar for the Services set forth in such the Supplement during the first twelve last twenty-four (1224) months of the term of such Transaction Document Term; and (b) to the "IBM Direct Damages Cap"); and (ii) in Damages" incurred by Flagstar for the event Equifax claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are declared by Flagstar as the basis for and result in Equifax's its termination of the this Agreement or any Transaction Document pursuant to SECTION 12.1(aSection 10.3(a) FOR CAUSE OR Cause or (e) FOR BANKRUPTCYBankruptcy, with a liability cap for such event(s) and termination equal to the IBM Direct Damages Cap operates actual charges to preclude Equifax's recovery of its full amount of Transition Cover Costs, then Equifax shall be entitled to recover an additional amount from IBM, not to exceed fifty percent Flagstar for the Services during the twelve (50%12) month period immediately preceding such event(s) or if twelve (12) months of the Term have not elapsed, the charges to Flagstar for the Services set forth in the Supplement for the first twelve (12) months of the Term (the "ISSC Direct Damages Cap, which amount shall be applied only toward such unrecovered Transition Cover Costs. b) Except as provided in SECTION 13.2, the "). The liability of Equifax Flagstar to IBM ISSC arising out of or resulting from the performance and non-performance of its obligations under each Transaction Document this Agreement shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax Flagstar upon a termination of such Transaction Document for convenience Convenience under SECTION 12.3(aSection 10.5(b) (the "EQUIFAX DIRECT DAMAGES CAPFlagstar Direct Damages Cap"). The IBM ISSC Direct Damages Cap and the Equifax Flagstar Direct Damages Cap are herein collectively called the "DIRECT DAMAGES CAPSDirect Damages Caps".

Liability Caps. a) Except as provided in SECTION Section 13.2, the liability of IBM and its Affiliates to Equifax Certegy and its Affiliates under each Transaction Document arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: (i1) to Direct Damages incurred by Equifax Certegy and its Affiliates equal to the charges paid by Equifax Certegy for the Services set forth in the supplement to such Transaction Document during the twelve (12) calendar months immediately prior to the first event which is the subject of the first claim or if twelve (12) months have not elapsed in the term of such Transaction Document at the time of the first such event, the charges to Equifax Certegy for the Services set forth in such Supplement during the first twelve (12) months of the term of such Transaction Document ("IBM Direct Damages Cap"); and (ii2) in the event Equifax Certegy claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in EquifaxCertegy's termination of the Agreement or any Transaction Document pursuant to SECTION 12.1(aSection 12.1 (a) FOR CAUSE OR for cause or (e) FOR BANKRUPTCYfor Bankruptcy, and the IBM Direct Damages Cap operates to preclude EquifaxCertegy's recovery of its full amount of Transition Cover Costs, then Equifax Certegy shall be entitled to recover an additional amount from IBM, not to exceed fifty percent (50%) of the Direct Damages Cap, which amount shall be applied only toward such unrecovered Transition Cover Costs. b) Except as provided in SECTION Section 13.2, the liability of Equifax Certegy to IBM arising out of or resulting from the performance and non-performance of its obligations under each Transaction Document shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax Certegy upon a termination of such Transaction Document for convenience under SECTION Section 12.3(a) (the "EQUIFAX DIRECT DAMAGES CAPCertegy Direct Damages Cap"). The IBM Direct Damages Cap and the Equifax Certegy Direct Damages Cap are herein collectively called the "DIRECT DAMAGES CAPSDirect Damages Caps".