Common use of Limitations of Liability Indemnification Clause in Contracts

Limitations of Liability Indemnification. 11.1. Supplier shall not be liable to any person, including any third party, for any special, indirect, incidental or consequential damages, including, but not limited to, lost profits from any cause whatsoever, loss of information, any claims alleging violations of any privacy right or any Privacy & Data Security laws, interruption of business and any other damage or loss arising from or in any way connected with the Service, even if Supplier has been advised of the possibility of such damage or loss. Without derogating from the foregoing, in no event shall Supplier's liability exceed the amounts actually paid by the Customer to Supplier under this Agreement. 11.2. Customer agrees to indemnify, defend and hold harmless Supplier and each of its officers, directors, employees and representatives (the “Supplier Indemnified Parties”) from and against all actions, suits, or claims brought or made by any person, firm or company, collective enterprise or authority, and from all liability, loss, expenses, interest, damages and costs suffered, incurred by or awarded against the Supplier Indemnified Parties including, without limitation, the payment of reasonable attorneys’ fees arising out of or resulting from: 11.3. Any loss of Customer data or other breaches of Personal Information for which the Customer is in possession of and responsible for protecting and securing in connection with this Agreement. 11.4. Customer’s failure to comply with applicable Privacy and Data Security laws, including federal, state and local laws, statutes and regulations. 11.5. The inaccuracy, incorrectness or untruthfulness of any of Customer’s representations relating to data privacy and security, contained herein or contained in any document or certificate given in order to carry out the Service contemplated herein. 11.6. Any duties or obligations of Customer or Customer agents, relating to data privacy and security, in respect of a Third Party or any subcontractor of Customer in connection with this Agreement.

Appears in 1 contract

Sources: Service Level Agreement

Limitations of Liability Indemnification. 11.1. The Supplier shall not be liable to any person, including any third party, for any special, indirect, incidental or consequential damages, including, but not limited to, lost profits from any cause whatsoever, loss of information, any claims alleging violations of any privacy right or any Privacy & and Data Security laws, interruption of business and any other damage or loss arising from or in any way connected with the Service, even if the Supplier has been advised of the possibility of such damage or loss. Without derogating from the foregoing, in no event shall the Supplier's liability exceed the amounts actually paid by the the Customer to the Supplier under this Agreement. 11.2. The Customer agrees to indemnify, defend and hold harmless the Supplier and each of its officers, directors, employees and representatives (the “Supplier Indemnified Parties”) from and against all actions, suits, or claims brought or made by any person, firm or company, collective enterprise or authority, and from all liability, loss, expenses, interest, damages and costs suffered, incurred by or awarded against the Supplier Indemnified Parties including, without limitation, the payment of reasonable attorneys’ fees arising out of or resulting from: 11.311.2.1. Any loss of Customer data or other breaches of Personal Information for which the Customer is in possession of and responsible for protecting and securing in connection with this Agreement. 11.411.2.2. Customer’s failure to comply with applicable Privacy and & Data Security laws, including federal, state and local laws, statutes and regulations. 11.511.2.3. The inaccuracy, incorrectness or untruthfulness of any of the Customer’s representations relating to data privacy and security, contained herein or contained in any document or certificate given in order to carry out the Service contemplated herein. 11.611.2.4. Any duties or obligations of Customer or Customer agents, relating to data privacy and security, in respect of a Third Party or any subcontractor of the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Service Level Agreement