Common use of Limit on Types of Damages Recoverable Clause in Contracts

Limit on Types of Damages Recoverable. ( a) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES (OR ANY COMPARABLE CATEGORY OR FORM OF SUCH DAMAGES, HOWSOEVER CHARACTERIZED IN ANY JURISDICTION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF FORESEEABLE OR IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ( b) Except as set forth below, each party’s aggregate liability to the other party and to any third party for damages under this Contract shall not exceed the amount of all direct provable damages suffered, incurred or sustained by such party hereunder up to the lesser of (i) a cap equal to two times (2X) the maximum contract amount, as the same may be amended, from time-to-time or (ii) $10,000,000. The following are agreed to be direct damages and neither party shall assert that they are consequential damages or any other form of damages for which recovery hereunder is denied by the provisions of this Section above to the extent that such damages result from Contractor’s failure to fulfill its obligations in accordance with this Contract and/or any Statement of Work: i. costs of recreating or reloading any of the State’s lost or damaged information; ii. costs of implementing a workaround in respect of a failure to provide the Services;

Limit on Types of Damages Recoverable. ( a) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTYIf either party should become liable for damages or other amounts under or in connection with this Subcontract (including without limitation, NEITHER PARTY SHALL BE LIABLE FOR INDIRECTfor breach of contract,breach of warranty, CONSEQUENTIALviolation of law, OR SPECIAL DAMAGES (OR ANY COMPARABLE CATEGORY OR FORM OF SUCH DAMAGESexcept for HIPAA violations damages set forth in the Statement of Work, HOWSOEVER CHARACTERIZED IN ANY JURISDICTIONor negligence or other tort claim, or for payment of indemnification amounts under this Subcontract), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF FORESEEABLE OR IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ( b) Except as set forth below, each party’s party will be liable only in the aggregate liability to the other party and to any third party for damages under this Contract shall not exceed the amount of all direct provable the other party's actual damages sufferedor indemnification amounts as required hereunder, incurred or sustained by such party hereunder up to the lesser of (i) a cap maximum amount equal to the amount of fees paid to Supplier by CGI in the twelve (12) months before the claim was made. Inthe event of a breach, or alleged breach of either party's obligations under section 7 of the Subcontract or section 21 or section 22 (other than Section 22.2) of this Exhibit B, the breaching party's liability under the Subcontract in the aggregate shall increase to two (2) times (2Xthe value of all Statements of Work under the Subcontract. b) In no event will either party be liable for any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if the maximum contract amount, as party has been advised of the same may be amended, from time-to-time or (ii) $10,000,000. The following are agreed to be direct possibility of such damages and neither party shall assert that they are consequential damages or any other regardless of the form of action, whether in contract, tort, negligence, strict liability, violation of law (except for HIPAA violations damages for which recovery hereunder is denied by set forth in the provisions of this Section above to the extent that such damages result from Contractor’s failure to fulfill its obligations in accordance with this Contract and/or any Statement of Work: i. costs ), or by statute or otherwise. Neither party will be held responsible, or to have failed to meet its obligations under the Subcontract, if it either delays performance or fails to perform as a result of recreating or reloading any of the State’s lost or damaged information; ii. costs of implementing a workaround in respect of a failure to provide the Services;cause beyond its reasonable control.