Common use of LIMITATION OF REMEDIES AND LIABILITY Clause in Contracts

LIMITATION OF REMEDIES AND LIABILITY. 9.1 Nothing in this Agreement shall operate to exclude or limit Ormit’s liability for: (a) death or personal injury caused by its negligence; or (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law. 9.2 Neither party shall be liable under or in connection with this Agreement or any collateral contract for any: 1. loss of revenue; 2. loss of actual or anticipated profits; 3. loss of contracts; 4. loss of the use of money; 5. loss of anticipated savings; 6. loss of business; 7. loss of opportunity; 8. loss of goodwill; 9. loss of reputation; 10. loss of, damage to or corruption of data; or 11. any indirect or consequential loss, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise. 9.3 Ormit expressly excludes and shall not be liable for any damage, losses or expenses incurred by the Customer as a result of: (a) any short term technical failure resulting in the unavailability of the Services and/or the End User Data; (b) any claims against the Customer by any End User and/or the third party in relation to the collection, processing, transfer, use or otherwise of the End User Data. 9.4 Subject to clause 9.1, ▇▇▇▇▇’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the total Charges payable by the Customer to Ormit under this Agreement in that calendar year.

LIMITATION OF REMEDIES AND LIABILITY. 9.1 8.1 Nothing in this Agreement agreement shall operate to exclude or limit Ormit’s liability for: (a) death or personal injury caused by its negligence; or (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 ▇▇▇ ▇▇▇▇ or section 2 of the Supply of Goods and Services Act 1982▇▇▇ ▇▇▇▇; or (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law. 9.2 8.2 Neither party shall be liable under or in connection with this Agreement agreement or any collateral contract for any: 1. loss of revenue; 2. loss of actual or anticipated profits; 3. loss of contracts; 4. loss of the use of money; 5. loss of anticipated savings; 6. loss of business; 7. loss of opportunity; 8. loss of goodwill; 9. loss of reputation; 10. loss of, damage to or corruption of data; or 11. any indirect or consequential loss, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise. 9.3 8.3 Ormit expressly excludes and shall not be liable for any damage, losses or expenses incurred by the Customer as a result of: (a) any short term technical failure resulting in the unavailability of the Services and/or the End User Data; (b) any claims against the Customer by any End User and/or the third party in relation to the collection, processing, transfer, use or otherwise of the End User Data. 9.4 8.4 Subject to clause 9.18.1, ▇▇▇▇▇Ormit’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the total Charges payable by the Customer to Ormit under this Agreement agreement in that calendar year.

LIMITATION OF REMEDIES AND LIABILITY. 9.1 7.1 Nothing in this Agreement shall operate to exclude or limit OrmitTogetherall or the Customer’s liability for: (a) death or personal injury caused by its negligence; or (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (c) fraudCustomer’s obligation to pay any amount due to Togetherall under the Agreement. (d) Fraud; or (de) any other liability which cannot be excluded or limited under applicable law. 9.2 7.2 Neither party shall be liable under or in connection with this Agreement or any collateral contract for any: 1. (a) loss of revenue; 2. (b) loss of actual or anticipated profits; 3. (c) loss of contracts; 4. (d) loss of the use of money; 5. (e) loss of anticipated savings; 6. (f) loss of business; 7. (g) loss of opportunity; 8. (h) loss of goodwill; 9. (i) loss of reputation; 10. (j) loss of, damage to or corruption of data; or 11. (k) any indirect or consequential loss, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise. 9.3 Ormit expressly excludes (a) to 7.2(k) shall be deemed, and interpreted as, independent of each of the others. 7.3 Subject to Clause 7.1, the total aggregate liability of each of Togetherall and the Customer for any claim or loss arising out of, or in relation to, this Agreement, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty, indemnity or otherwise, shall not exceed in any calendar year, one hundred per-cent (100%) of the Charges payable by the Customer to Togetherall pursuant to the Order Form(s) in such calendar year. 7.4 Clause 7 shall survive and shall not be liable rendered ineffective by the completion of the Services or the expiry or termination of this Agreement for any damagereason whatsoever. 7.5 To the extent that the Services provided by Togetherall are based on inaccurate, incorrect or incomplete data provided by the Customer (or its sub-contractors or suppliers), or instructions or information provided by the Customer (or its sub-contractors and suppliers) to Togetherall, Togetherall shall not be liable or responsible for any claims or losses or expenses incurred suffered by the Customer as a result of: (a) any short term technical failure resulting in the unavailability of Togetherall providing the Services and/or the End User Data; (b) any claims against to the Customer by any End User and/or the third party in relation to the collectionand its Users relying on such inaccurate, processingincorrect or incomplete data, transfer, use instructions or otherwise of the End User Datainformation. 9.4 Subject to clause 9.1, ▇▇▇▇▇’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the total Charges payable by the Customer to Ormit under this Agreement in that calendar year.