Common use of Liability of Customer Clause in Contracts

Liability of Customer. (1) The limitations or exculpations of liability set forth in Section 23.01 and Section 23.02 shall not apply, in the case of liability of Customer Party, to: (a) any damages suffered by Supplier resulting from Customer's misappropriation of Supplier Confidential Information; (b) the indemnification obligations of Customer Party pursuant to Section 22.01 (except as limited below); and (c) the obligations of Customer to pay Fees due in accordance with this Agreement. (2) The limitations or exculpations of liability set forth in Section 23.01 shall not apply, in the case of liability of Customer Party, to: (a) The [****] of Customer Party; and (b) breach by Customer Party of its confidentiality and data security obligations under this Agreement that result in a third party's misappropriation of Supplier Confidential Information; provided, however, that for such breaches, including Customer's indemnity obligations under Section 22.01(3), Customer's liability shall be limited in the aggregate to [****].

Liability of Customer. (1) The limitations or exculpations of liability set forth in Section 23.01 and Section 23.02 shall not apply, in the case of liability of Customer Party, to: (a) any damages suffered by Supplier resulting from Customer's misappropriation of Supplier Confidential Information; (b) the indemnification obligations of Customer Party pursuant to Section 22.01 (except as limited below); and (c) the obligations of Customer to pay Fees due in accordance with this Agreement. (2) The limitations or exculpations of liability set forth in Section 23.01 shall not apply, in the case of liability of Customer Party, to: (a) The the [****] of Customer Party; and (b) breach by Customer Party of its confidentiality and data security obligations under this Agreement that result in a third party's misappropriation of Supplier Confidential Information; provided, however, that for such breaches, including Customer's indemnity obligations under Section 22.01(3), Customer's liability shall be limited in the aggregate to [****].

Liability of Customer. (1) The limitations or exculpations of liability set forth in Section 23.01 and Section 23.02 shall not apply, in the case of liability of Customer Party, to: (a) any damages suffered by Supplier resulting from Customer's ’s misappropriation of Supplier Confidential Information; (b) the indemnification obligations of Customer Party pursuant to Section 22.01 (except as limited below); and (c) the obligations of Customer to pay Fees due in accordance with this Agreement. (2) The limitations or exculpations of liability set forth in Section 23.01 shall not apply, in the case of liability of Customer Party, to: (a) The the [****] of Customer Party; and and – Broadridge Confidential; Kyndryl Confidential – 55 (b) breach by Customer Party of its confidentiality and data security obligations under this Agreement that result in a third party's ’s misappropriation of Supplier Confidential Information; provided, however, that for such breaches, including Customer's ’s indemnity obligations under Section 22.01(3), Customer's ’s liability shall be limited in the aggregate to [****].