Limitations and exclusions of liability. 15.1 Nothing in this Agreement will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law. 15.2 The limitations and exclusions of liability set out in this Clause 15 and elsewhere in this Agreement: (a) are subject to Clause 15.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 15.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event. 15.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings. 15.5 Neither party shall be liable to the other party in respect of any loss of revenue or income. 15.6 Neither party shall be liable to the other party in respect of any loss of use or production. 15.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities. 15.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3. 15.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage. 15.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-month period preceding the commencement of the event or events. 15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 5 contracts
Sources: Software as a Service Agreement (Saas), Software as a Service Agreement (Saas), Software as a Service Agreement (Saas)
Limitations and exclusions of liability. 15.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 The limitations and exclusions of liability set out in this Clause 15 and elsewhere in this Agreement:
(a) are subject to Clause 15.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 Neither party The Provider shall not be liable to the other party Customer in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party The Provider shall not be liable to the other party Customer in respect of any loss of profits or anticipated savings.
15.5 Neither party The Provider shall not be liable to the other party Customer in respect of any loss of revenue or income.
15.6 Neither party The Provider shall not be liable to the other party Customer in respect of any loss of use or production.
15.7 Neither party The Provider shall not be liable to the other party Customer in respect of any loss of business, contracts or opportunities.
15.8 Neither party The Provider shall not be liable to the other party Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 Neither party The Provider shall not be liable to the other party Customer in respect of any special, indirect or consequential loss or damage.
15.10 The liability of each party the Provider to the other party Customer under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 3 contracts
Sources: Support Plan Agreement, Support Plan Agreement, Support Plan Agreement
Limitations and exclusions of liability. 15.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 16.2 The limitations and exclusions of liability set out in this Clause 15 16 and elsewhere in this Agreement:
(a) are subject to Clause 15.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 16.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 16.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 16.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 16.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 16.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 16.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.37.3 and Clause 7.4.
15.9 16.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 3 contracts
Sources: Terms & Conditions, Saas Agreement, Saas Agreement
Limitations and exclusions of liability. 15.1 20.1 Nothing in this Agreement these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 20.2 The limitations and exclusions of liability set out in this Clause 15 20 and elsewhere in this Agreementthese Terms and Conditions:
(a) are subject to Clause 15.120.1; and
(b) govern all liabilities arising under this Agreement these Terms and Conditions or relating to the subject matter of this Agreementthese Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreementthese Terms and Conditions.
15.3 20.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 20.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 20.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 20.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 20.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 20.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 20.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.38.3 and Clause 8.4.
15.9 20.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 20.10 The liability of each party to the other party under this the Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this the Agreement in the 12-6 month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 2 contracts
Sources: Saas Terms and Conditions, Saas Terms and Conditions
Limitations and exclusions of liability. 15.1 19.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 19.2 The limitations and exclusions of liability set out in this Clause 15 19 and elsewhere in this Agreement:
(a) are subject to Clause 15.119.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 19.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 19.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 19.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 19.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 19.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 19.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 19.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.38.3 and Clause 8.4.
15.9 19.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 19.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed exceed:
(a) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 19.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.greater of:
Appears in 2 contracts
Sources: Service Agreement, sums.org Agreement
Limitations and exclusions of liability. 15.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 16.2 The limitations and exclusions of liability set out in this Clause 15 16 and elsewhere in this Agreement:
(a) are subject to Clause 15.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 Neither party 16.3 The Provider shall not be liable to the other party Customer in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party 16.4 The Provider shall not be liable to the other party Customer in respect of any loss of profits or anticipated savings.
15.5 Neither party 16.5 The Provider shall not be liable to the other party Customer in respect of any loss of revenue or income.
15.6 Neither party 16.6 The Provider shall not be liable to the other party Customer in respect of any loss of use or production.
15.7 Neither party 16.7 The Provider shall not be liable to the other party Customer in respect of any loss of business, contracts or opportunities.
15.8 Neither party 16.8 The Provider shall not be liable to the other party Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.37.3 and Clause 7.4.
15.9 Neither party 16.9 The Provider shall not be liable to the other party Customer in respect of any special, indirect or consequential loss or damage.
15.10 16.10 The liability of each party the Provider to the other party Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) £10,000; and
(b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 16.11 The aggregate liability of each party the Provider to the other party Customer under this Agreement shall not exceed the greater of:
(a) £10,000; and
(b) the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this AgreementAgreement in the 12 month period preceding the commencement of the event or events.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service and Data Processing Agreement
Limitations and exclusions of liability. 15.1 14.1. Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 14.2. The limitations and exclusions of liability set out in this Clause 15 14 and elsewhere in this Agreement:
(a) are subject to Clause 15.114.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 14.3. Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 14.4. Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 14.5. Neither party shall be liable to the other party in respect of any loss or corruption of any data, database database, or software; , providing that this Clause 15.8 14.5 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.36.
15.9 14.6. Neither party shall be liable to the other party in respect of any special, indirect indirect, or consequential loss or damage.
15.10 14.7. The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the TWELVE (12-) month period preceding the commencement of the event or events.
15.11 14.8. The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 2 contracts
Sources: Terms of Business, Agreement for the Supply, Installation, Licensing, and Support of FCS Elections
Limitations and exclusions of liability. 15.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 16.2 The limitations and exclusions of liability set out in this Clause 15 16 and elsewhere in this Agreement:
(a) are subject to Clause 15.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 Neither party 16.3 The Provider shall not be liable to the other party Customer in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party 16.4 The Provider shall not be liable to the other party Customer in respect of any loss of profits or anticipated savings.
15.5 Neither party 16.5 The Provider shall not be liable to the other party Customer in respect of any loss of revenue or income.
15.6 Neither party 16.6 The Provider shall not be liable to the other party Customer in respect of any loss of use or production.
15.7 Neither party 16.7 The Provider shall not be liable to the other party Customer in respect of any loss of business, contracts or opportunities.
15.8 Neither party 16.8 The Provider shall not be liable to the other party Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.37.3.
15.9 Neither party 16.9 The Provider shall not be liable to the other party Customer in respect of any special, indirect or consequential loss or damage.
15.10 16.10 The liability of each party the Provider to the other party Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 16.11 The aggregate liability of each party the Provider to the other party Customer under this Agreement shall not exceed the greater of:
(a) the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 2 contracts
Sources: End User License Agreement (Eula), End User License Agreement (Eula)
Limitations and exclusions of liability. 15.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(cb) limit any liabilities in any way that is not permitted under applicable law; or
(dc) exclude any liabilities that may not be excluded under applicable law.
15.2 16.2 The limitations and exclusions of liability set out in this Clause 15 16 and elsewhere in this Agreement:
(a) are subject to Clause 15.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 16.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 16.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 16.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 16.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 16.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 16.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 16.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 16.10 The liability of each party the Provider to the other party Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 16.11 The aggregate liability of each party the Provider to the other party Customer under this Agreement shall not exceed the greater of the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Terms of Service
Limitations and exclusions of liability. 15.1 18.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 18.2 The limitations and exclusions of liability set out in this Clause 15 18 and elsewhere in this Agreement:
(a) are subject to Clause 15.118.1; and
(b) govern all liabilities arising under this the Agreement or relating to the subject matter of this the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the Agreement.
15.3 18.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 18.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 18.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 18.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 19.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 19.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 19.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 19.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) five hundred thousand pounds (£500,000); and
(b) the total amount paid and payable by the Customer Client to the Provider Consultancy under this the Agreement in the 12-month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Consultancy Agreement
Limitations and exclusions of liability. 15.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 The limitations and exclusions of liability set out in this Clause 15 16 and elsewhere in this Agreement:
(a) are subject to Clause 15.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) [amount]; and
(b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the greater of:
(a) [amount]; and
(b) the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Service Agreement
Limitations and exclusions of liability. 15.1 10.1 The express terms set out in the Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
10.2 Save as provided by clause 10.3 below:
10.2.1 neither party’s total aggregate liability in respect of all causes of action arising out of or in connection with this Agreement (whether for breach of contract, strict liability, tort (including negligence), misrepresentation or otherwise) shall exceed the total Charges paid under the Contract;
10.2.2 neither party shall be liable for any claim arising out of or in connection with this Agreement to the extent that it relates to loss of profits, goodwill, business opportunity or anticipated savings, loss of data, injury to reputation, wasted management time or indirect, consequential or special loss or damage regardless of the form of action (whether for breach of contract, strict liability, tort (including negligence), misrepresentation or otherwise) and regardless of whether that party knew or had reason to know of the possibility of the loss or damage in question; and
10.2.3 neither party shall be liable for any delay in or failure to comply with its obligations to the extent that such failure results from the actions or omissions of the other.
10.3 Nothing in this Agreement will:
(a) shall limit or exclude either party’s liability:
10.3.1 under any liability indemnity;
10.3.2 for breach of clauses 15 or 17;
10.3.3 to pay the Charges;
10.3.4 for death or personal injury resulting from caused by its negligence;
(b) limit or exclude any liability 10.3.5 for fraud or fraudulent misrepresentation;; and/or
(c) limit 10.3.6 for any liabilities in any way that other loss or damage the exclusion or limitation of which is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable prohibited by English law.
15.2 10.4 The Licensor will not be liable in respect of any loss of profits, income, revenue, use, production or anticipated savings.
10.5 The Licensor will not be liable for any loss of business, contracts or commercial opportunities.
10.6 The Licensor will not be liable for any loss of or damage to goodwill or reputation.
10.7 The Licensor will not be liable in respect of any loss or corruption of any data, database or software.
10.8 The Licensor will not be liable in respect of any special, indirect or consequential loss or damage.
10.9 The Licensor will not be liable for any losses arising out of a Force Majeure Event.
10.10 Except as expressly stated in Clause 10.4 the total liability of the licensor, whether in contract, tort (including negligence) or otherwise and whether in connection with this license or any collateral contract, shall in no circumstance exceed a sum equal to the Charges.
10.11 The limitations and exclusions of liability set out in this Clause 15 10 and elsewhere in this the Agreement:
(a) are subject to Clause 15.1Clauses 10.4 to 10.11 inclusive; and
(b) and govern all liabilities arising under this the Agreement or relating in relation to the subject matter of this the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Limitations and exclusions of liability. 15.1 10.1. Nothing in this Agreement will:
(a) 10.1.1. limit or exclude any liability for death or personal injury resulting from negligence;
(b) 10.1.2. limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) 10.1.3. limit any liabilities in any way that is not permitted under applicable law; or
(d) 10.1.4. exclude any liabilities that may not be excluded under applicable law.
15.2 10.2. The limitations and exclusions of liability set out in this Clause 15 10 and elsewhere in this Agreement:
(a) Agreement are subject to Clause 15.110.1; and
(b) and govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 10.3. Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 10.4. Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 10.5. Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 10.6. Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 10.7. Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 10.8. The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of the total amount paid and payable by the Customer to the Provider Safenames under this Agreement in the 12-month period preceding the commencement of the event or events, providing that this Clause 10.8 shall not apply to any liability of a party under Clause 6 (Data Protection), 9 (Confidentiality) or 12 (Indemnity).
15.11 10.9. The aggregate liability of each party to the other party under this Agreement shall not exceed the greater of the total amount paid and payable by the Customer to the Provider during the preceding 12 months Safenames under this Agreement, providing that this Clause 10.9 shall not apply to any liability of a party under Clause 6 (Data Protection), 9 (Confidentiality) or 12 (Indemnity).
Appears in 1 contract
Sources: Master Services Agreement
Limitations and exclusions of liability. 15.1 18.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 18.2 The limitations and exclusions of liability set out in this Clause 15 18 and elsewhere in this Agreement:
(a) are subject to Clause 15.118.1; and
(b) govern all liabilities arising under this the Agreement or relating to the subject matter of this the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the Agreement.
15.3 18.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 18.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 18.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 18.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 18.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 18.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 18.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 18.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) five hundred thousand pounds (£500,000); and
(b) the total amount paid and payable by the Customer Client to the Provider Consultancy under this the Agreement in the 12-month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Consultancy Agreement
Limitations and exclusions of liability. 15.1 (a) Nothing in this Agreement will:
(a) : • limit or exclude any liability for death or personal injury resulting from negligence;
(b) negligence • limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) misrepresentation • limit any liabilities in any way that is not permitted under applicable law; or
(d) or • exclude any liabilities that may not be excluded under applicable law.
15.2 (b) The limitations and exclusions of liability set out in this Clause 15 Paragraph and elsewhere in this Agreement:
(a) : • are subject to Clause 15.1the provisions of Paragraph (a); and
(b) and • govern all liabilities arising under this the Agreement or relating to the subject matter of this the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the Agreement.
15.3 (c) Neither party Party shall be liable to the other party Party in respect of any losses arising out of of: a Force Majeure Eventforce majeure event.
15.4 (d) Neither party Party shall be liable to the other party Party in respect of any loss of profits or anticipated savings.
15.5 (e) Neither party Party shall be liable to the other party Party in respect of any loss of revenue or income.
15.6 (f) Neither party Party shall be liable to the other party Party in respect of any loss of use or production.
15.7 (g) Neither party Party shall be liable to the other party Party in respect of any loss of business, contracts or opportunities.
15.8 (h) Neither party Party shall be liable to the other party Party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 Paragraph shall not protect the Provider QuartzX unless the Provider QuartzX has fully complied with its obligations under Clause 6.3Paragraphs 6. (c) and 6. (d).
15.9 (i) Neither party Party shall be liable to the other party Party in respect of any special, indirect or consequential loss or damage.
15.10 (j) The aggregate liability of each party Party to the other party Party under this the Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to QuartzX under the Provider under this Agreement in the 12-month 12 months period preceding the commencement of the event or events, excluding Support and Advisory Services.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Software as a Service Agreement
Limitations and exclusions of liability. 15.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 16.2 The limitations and exclusions of liability set out in this Clause 15 16 and elsewhere in this Agreement:
(a) are subject to Clause 15.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 16.3 Neither party Party shall in any circumstances have any liability for any losses or damages which may be liable to suffered by the other party party, whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in respect contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
(a) any losses arising out of a Force Majeure Event.;
15.4 Neither party shall be liable to the other party in respect of (b) any loss of profits or anticipated savings.;
15.5 Neither party shall be liable to the other party in respect of (c) any loss of revenue or income.
15.6 Neither party shall be liable to the other party in respect of (d) any loss of use or production.
15.7 Neither party shall be liable to the other party in respect of (e) any loss of business, contracts or opportunities.
15.8 Neither party shall be liable to the other party in respect of (f) any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 Neither party shall be liable to the other party in respect of (g) any special, indirect or consequential loss or damage.
15.10 The liability of each party to damage even if the other party under was aware of the circumstances in which such special damage could arise.
16.4 Nothing contained in this Agreement shall in any way constitute any Resource as the employee or worker of the Provider.
16.5 The agreement governs the relationship between the Provider and the Customer for the provision of the Services. The Customer acknowledges and agrees that it has separate contracts with each of its Resource Service Providers, Other Workforce Supplier, partners, clients or and Resources governing the engagement, sourcing, introduction or supply of the Resources. Accordingly, the Provider does not accept any responsibility or liability for the accounts or omissions of any of the Agencies and Resource they supply. Such to include, but not be limited as Agency Workers Regulations, Employment Agencies Regulations, all other Statutory and legislative requirements that exist between the Customer and the selected Agency or Resource and related to their provision of Resource.
16.6 The total liability of the Provider, whether in contract, tort (including negligence) or otherwise and whether in connection with this Agreement or any collateral contract, shall in no circumstances exceed a sum equal to the Fee or £100,000, whichever is less; and
(a) the Customer agrees that, in entering into this Agreement, either it did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this licence or (if it did rely on any representations, whether written or oral, not expressly set out in this licence) that it shall have no remedy in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to such representations; and
(b) the Provider under this Agreement shall have no liability in any circumstances otherwise than in accordance with the 12-month period preceding the commencement express terms of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Master Terms and Conditions
Limitations and exclusions of liability. 15.1 18.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 18.2 The limitations and exclusions of liability set out in this Clause 15 16 and elsewhere in this Agreement:
(a) are subject to Clause 15.118.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 18.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 18.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 18.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 18.6 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 18.7 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 18.8 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 18.9 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 18.10 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Terms of Service
Limitations and exclusions of liability. 15.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 The limitations and exclusions of liability set out in this Clause 15 and elsewhere in this Agreement:
(a) are subject to Clause 15.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.36.3 and Clause 6.4.
15.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) £20,000; and
(b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the greater of:
(a) £20,000; and
(b) the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Saas Agreement
Limitations and exclusions of liability. 15.1 13.1 Nothing in this Agreement these Terms of Service will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 13.2 The limitations and exclusions of liability set out in this Clause 15 13 and elsewhere in this Agreementthese Terms of Service:
(a) are subject to Clause 15.113.1; and
(b) govern all liabilities arising under this Agreement these Terms of Service or relating to the subject matter of this Agreementthese Terms of Service, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreementthese Terms of Service and providing that Clauses 13.4 to 13.8 shall not apply to any liability of a party under Clause 10.
15.3 13.3 Aquaforest shall have no liability to the Customer with respect to any use of the Services on a trial or free-of-charge basis.
13.4 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 13.5 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 Neither party 13.6 Aquaforest shall not be liable to the other party Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 13.7 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 13.8 The liability of each party Aquaforest to the other party Customer under this the Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) GBP 50,000; and
(b) the total amount paid and payable by the Customer to Aquaforest under the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 13.9 The aggregate liability of each party Aquaforest to the other party Customer under this the Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this AgreementGBP 1,000,000.
Appears in 1 contract
Sources: Terms of Service
Limitations and exclusions of liability. 15.1 23.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 23.2 The limitations and exclusions of liability set out in this Clause 15 23 and elsewhere in this Agreement:
(a) are subject to Clause 15.123.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 23.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 23.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 23.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 23.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 23.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 23.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 23.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.310.3 and Clause 10.4.
15.9 23.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 23.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 23.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
23.12 Nothing in this Agreement excludes the liability of the Customer for any breach, infringement or misappropriation of the Provider’s Intellectual Property Rights.
Appears in 1 contract
Sources: Saas Agreement
Limitations and exclusions of liability. 15.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 16.2 The limitations and exclusions of liability set out in this Clause 15 16 and elsewhere in this Agreement:
(a) are subject to Clause 15.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 16.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 16.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 16.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 16.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 16.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 16.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.37.3 and Clause 7.4.
15.9 16.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 16.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-month period preceding the commencement of the event or events.
15.11 16.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the greater of:
(a) the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Saas Agreement
Limitations and exclusions of liability. 15.1 10.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(cb) limit any liabilities in any way that is not permitted under applicable law; or
(dc) exclude any liabilities that may not be excluded under applicable law.
15.2 10.2 The limitations and exclusions of liability set out in this Clause 15 10 and elsewhere in this Agreement:
(a) are subject to Clause 15.110.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 10.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 10.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 10.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 10.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 10.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 10.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 10.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 10.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 10.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement].
Appears in 1 contract
Sources: Service Agreement
Limitations and exclusions of liability. 15.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 16.2 The limitations and exclusions of liability set out in this Clause 15 16 and elsewhere in this Agreement:
(a) are subject to Clause 15.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 Neither party 16.3 The Provider shall not be liable to the other party Customer in respect of any losses arising out of a Force Majeure Event.
15.4 16.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 16.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 16.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 16.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 Neither party 16.8 The Provider shall not be liable to the other party Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.37.3 and Clause 7.4.
15.9 16.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 16.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) [amount]; and
(b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 16.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the greater of:
(a) [amount]; and
(b) the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Saas Agreement
Limitations and exclusions of liability. 15.1 11.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 11.2 The limitations and exclusions of liability set out in this Clause 15 11 and elsewhere in this Agreement:
(a) are subject to Clause 15.111.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 11.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 11.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 11.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 11.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 11.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 11.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database data or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3database.
15.9 11.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential sequential loss or damage.
15.10 11.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) the total amount paid and payable by the Customer to the Provider Developer under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 11.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the greater of:
(a) the total amount paid and payable by the Customer to the Provider during the preceding 12 months Developer under this Agreement.
Appears in 1 contract
Sources: Development Services Agreement
Limitations and exclusions of liability. 15.1 28.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 28.2 The limitations and exclusions of liability set out in this Clause 15 28 and elsewhere in this Agreement:
(a) are subject to Clause 15.128.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 28.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 28.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 28.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 28.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 28.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 28.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 28.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.312.3 and Clause 12.4.
15.9 28.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 28.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) £LIMIT OF LIABILITY; and
(b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-month period preceding the commencement of the event or eventsAgreement.
15.11 28.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the greater of:
(a) £ LIMIT OF LIABILITY; and
(b) the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Saas Agreement
Limitations and exclusions of liability. 15.1 10.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 10.2 The limitations and exclusions of liability set out in this Clause 15 Section 10 and elsewhere in this Agreement:
(a) are subject to Clause 15.1Section 10.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 10.3 Neither party Party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party shall be liable to the other party Party in respect of any loss of profits or anticipated savings.
15.5 10.4 Neither party Party shall be liable to the other party Party in respect of any loss of revenue or income.
15.6 10.5 Neither party Party shall be liable to the other party Party in respect of any loss of use or production.
15.7 10.6 Neither party Party shall be liable to the other party Party in respect of any loss of business, contracts contracts, opportunities or opportunitiesgoodwill or any kind.
15.8 10.7 Neither party Party shall be liable to the other party Party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 10.8 Neither party Party shall be liable to the other party Party in respect of any special, indirect or consequential loss or damage.
15.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-month period preceding the commencement of the event or events10.9 IRRESPECTIVE OF THE LEGAL GROUND OF ANY CLAIM, ANY LIABILITY OF THE LICENSOR TO THE LICENSEE IN CONNECTION WITH THE SOFTWARE COMPONENT OR SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED THE SUM TOTAL OF PAYMENTS RECEIVED IN AGGREGATE FOR PROVIDING THE RESPECTIVE SOFTWARE OR SERVICE.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Software License Agreement
Limitations and exclusions of liability. 15.1 14.1. Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 14.2. The limitations and exclusions of liability set out in this Clause 15 14 and elsewhere in this Agreement:
(a) are subject to Clause 15.114.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 14.3. Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 14.4. Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 14.5. Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; , providing that this Clause 15.8 14.5 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.35.
15.9 14.6. Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 14.7. The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the TWELVE (12-) month period preceding the commencement of the event or events.
15.11 14.8. The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Agreement for the Supply, Installation, Licensing and Support
Limitations and exclusions of liability. 15.1 16.1. Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 16.2. The limitations and exclusions of liability set out in this Clause 15 16 and elsewhere in this Agreement:
(a) are subject to Clause 15.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 16.3. Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 16.4. Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 16.5. Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 16.6. Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 16.7. Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 16.8. Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.;
15.9 16.9. Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 16.10. The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) INR. 25,000/-; and
(b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 16.11. The aggregate liability of each party to the other party under this Agreement shall not exceed the greater of:
(a) INR. 25,000/-; and
(b) the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: User License Agreement
Limitations and exclusions of liability. 15.1 14.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 14.2 The limitations and exclusions of liability set out in this Clause 15 14 and elsewhere in this Agreement:
(a) are subject to Clause 15.114.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 14.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 14.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 14.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 14.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 14.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 14.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 14.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 14.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 14.10 The liability of each party the Provider to the other party The Customer under this Agreement in respect of any event or series of related events shall not exceed the total an amount paid and payable by the Customer equivalent to the Provider under this Agreement in the 12a one-month period preceding the commencement of the event or eventsyear subscription to Hall Booking Online.
15.11 14.11 The aggregate liability of each party the Provider to the other party The Customer under this Agreement shall not exceed the total an amount paid and payable by the Customer equivalent to the Provider during the preceding 12 months under this Agreementa one-year subscription to Hall Booking Online.
Appears in 1 contract
Sources: Terms of Service
Limitations and exclusions of liability. 15.1 14.1 Nothing in this the Customer Agreement will:
(a) limit or exclude any the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a party for fraud or fraudulent misrepresentationmisrepresentation by that party;
(c) limit any liabilities liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liabilities liability of a party that may not be excluded under applicable law.
15.2 14.2 The limitations and exclusions of liability set out in this Clause 15 14 and elsewhere in this the Customer Agreement:
(a) are subject to Clause 15.1; and14.1;
(b) govern all liabilities arising under this the Customer Agreement or relating any collateral contract or in relation to the subject matter of this Agreementthe Customer Agreement or any collateral contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 14.3 Neither party shall will be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party shall be liable to the other party in respect of any loss of profits profits, income, revenue, use, production or anticipated savings.
15.5 14.4 Neither party shall will be liable to the other party in respect of any loss of revenue or income.
15.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 Neither party shall be liable to the other party in respect of for any loss of business, contracts or commercial opportunities.
15.8 14.5 Neither party shall will be liable for any loss of or damage to the other goodwill or reputation.
14.6 Neither party will be liable in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 14.7 Neither party shall will be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 The 14.8 Neither party will be liable for any losses arising out of a Force Majeure Event.
14.9 Neither party's liability of each party in relation to the other party under this Agreement in respect of any event or series of related events shall not will exceed the total amount paid and payable by the Customer to the Provider under this the Customer Agreement in during the 12-3 month period immediately preceding the commencement of the event or eventsevents giving rise to the claim.
15.11 The 14.10 Neither party's aggregate liability of each party to under the other party under this Customer Agreement shall not will exceed the total amount paid and payable by the Customer to the Provider during under the preceding 12 months under this Customer Agreement.
Appears in 1 contract
Sources: Terms and Conditions
Limitations and exclusions of liability. 15.1 18.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 18.2 The limitations and exclusions of liability set out in this Clause 15 18 and elsewhere in this Agreement:
(a) are subject to Clause 15.118.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 18.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 18.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 18.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 18.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 18.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 18.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 18.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 18.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the lesser of:
(a) the actual damages incurred; or
(b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-6 month period preceding the commencement of the event or events.
15.11 18.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the lesser of:
(a) the actual damages incurred; or
(b) the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this AgreementAgreement in the 6 month period preceding the commencement of the event or events.
Appears in 1 contract
Sources: Software as a Service License, Support, and Maintenance Agreement
Limitations and exclusions of liability. 15.1 28.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 28.2 The limitations and exclusions of liability set out in this Clause 15 28 and elsewhere in this Agreement:
(a) are subject to Clause 15.128.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 Neither party 28.3 The Provider shall not be liable to the other party Customer in respect of any losses arising out of a Force Majeure Event.
15.4 28.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 28.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 28.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 28.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 28.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 28.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 28.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-3 month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Service Agreement
Limitations and exclusions of liability. 15.1 14.1 Nothing in this Agreement will:
(a) a. limit or exclude any liability for death or personal injury resulting from negligence;
(b) b. limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) c. limit any liabilities in any way that is not permitted under applicable law; or
(d) d. exclude any liabilities that may not be excluded under applicable law.
15.2 14.2 The limitations and exclusions of liability set out in this Clause 15 14 and elsewhere in this Agreement:
(a) a. are subject to Clause 15.114.1; and
(b) b. govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 14.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 14.4 Neither party shall be liable to the other party in respect of for any loss of profits or anticipated savings.
15.5 14.5 Neither party shall be liable to the other party in respect of for any loss of revenue or income.
15.6 14.6 Neither party shall be liable to the other party in respect of for any loss of use or production.
15.7 14.7 Neither party shall be liable to the other party in respect of for any loss of business, contracts or opportunities.
15.8 14.8 Neither party shall be liable to the other party in respect of for any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3;.
15.9 14.9 Neither party shall be liable to the other party in respect of for any special, indirect or consequential loss or damage.
15.10 14.10 The Hosted Services incorporate the facility to re-configure Client Data and/or suggest alterations to the design or manufacturing process. THE CLIENT CONFIRMS THAT IT WILL NOT MANUFACTURE ITEMS OR MAKE CHANGES TO ITS MANUFACTURING PROCESS AS A RESULT OF USE OF THE HOSTED SERVICES WITHOUT FULLY SATISFYING ITSELF AS TO THE EFFICACY OF ANY SUCH CHANGES. THE LIMITATIONS OF LIABILITY IN THIS CLAUSE 14 ARE UNDERSTOOD AND ACCEPTED IN THIS CONTEXT. THE CLIENT SHALL ENSURE THAT ITS END USERS ARE AWARE OF THESE LIMITATIONS AND ACCEPT THEM
14.11 The liability of each party to the other party under this Agreement in respect of for any event or series of related events shall not exceed the lesser of:
a. £100,000; or
b. the total amount paid and payable by the Customer Client to the Provider Company under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount events paid and payable by the Customer Client to the Provider during the preceding 12 months Company under this Agreement.
Appears in 1 contract
Sources: Saas Terms and Conditions
Limitations and exclusions of liability. 15.1 16.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 16.2 The limitations and exclusions of liability set out in this Clause 15 16 and elsewhere in this Agreement:
(a) are subject to Clause 15.116.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 16.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 16.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 16.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 16.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 16.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 16.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 16.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 16.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 16.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement].
Appears in 1 contract
Sources: Service Agreement
Limitations and exclusions of liability. 15.1 22.1. Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 22.2. The limitations and exclusions of liability set out in this Clause 15 22 and elsewhere in this Agreement:
(a) are subject to Clause 15.122.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 22.3. Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 22.4. Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 22.5. Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 22.6. Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 22.7. Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 22.8. Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 22.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.310.3 and Clause 10.4.
15.9 22.9. Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 22.10. The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) £100,000; and
(b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Software as a Service Agreement
Limitations and exclusions of liability. 15.1 12.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 12.2 The limitations and exclusions of liability set out in this Clause 15 13 and elsewhere in this Agreement:
(a) are subject to Clause 15.112.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 12.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 12.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
15.5 12.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
15.6 12.6 Neither party shall be liable to the other party in respect of any loss of use or production.
15.7 12.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
15.8 12.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3.
15.9 12.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.10 12.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-12 month period preceding the commencement of the event or events.
15.11 The aggregate liability of each party to the other party under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreement.
Appears in 1 contract
Sources: Software Support Agreement
Limitations and exclusions of liability. 15.1 14.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 14.2 The limitations and exclusions of liability set out in this Clause 15 14 and elsewhere in this Agreement:
(a) are subject to Clause 15.114.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
15.3 Neither party 14.3 Shapecast shall not be liable to the other party Client in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party 14.4 Shapecast shall not be liable to the other party Client in respect of any loss of profits or anticipated savings.
15.5 Neither party 14.5 Shapecast shall not be liable to the other party Client in respect of any loss of revenue or income.
15.6 Neither party 14.6 Shapecast shall not be liable to the other party Client in respect of any loss of use or production.
15.7 Neither party 14.7 Shapecast shall not be liable to the other party Client in respect of any loss of business, contracts or opportunities.
15.8 Neither party 14.8 Shapecast shall be liable to the other party Client in respect of any loss or corruption of any data, database or software; providing that this Clause 15.8 14.8 shall not protect the Provider Shapecast unless the Provider Shapecast has fully complied with its obligations under Clause 6.36.3 and Clause 6.4.
15.9 Neither party 14.9 Shapecast shall be liable to the other party Client in respect of any special, indirect or consequential loss or damage.
15.10 The liability of each party 14.10 Shapecast to the other party Client under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer Client to the Provider Shapecast under this Agreement in the 12-month period preceding the commencement of the event or events.
15.11 14.11 The aggregate liability of each party Shapecast to the other party Client under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider during the preceding 12 months under this Agreementof £100,000.
Appears in 1 contract
Sources: Saas Agreement