Common use of Limits of Indemnity Clause in Contracts

Limits of Indemnity. 14.1 In no circumstances whatsoever shall the Council be liable to the Licensee (as far as permitted by law) for indirect special or consequential loss or damage in connection with the Licence Agreement which shall include, without limitation, any loss of or damage to profit, revenue, contracts, anticipated savings, goodwill or business opportunities whether direct or indirect. 14.2 Each party shall at all times take all reasonable steps to minimise and mitigate any loss or damage for which the relevant party is entitled to bring a claim against the other party pursuant to this Licence Agreement. 14.3 The Council's total aggregate liability in respect of all claims, losses or damages, whether arising from tort (including negligence), breach of contract or otherwise under or in connection with the Licence Agreement (other than a failure to pay any of the Licence fees that are properly due and payable and for which the Council shall remain fully liable), shall in no event exceed the total Licence fees payable or paid by the Licensee under or pursuant to the Licence Agreement 14.4 Notwithstanding any other provision of the Licence Agreement neither party limits or excludes its liability for: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by its negligence; or (c) breach of any obligation as to title implied by statute

Limits of Indemnity. 14.1 In no circumstances whatsoever shall the Council be liable to the Licensee (as far as permitted by law) for indirect special or consequential loss or damage in connection with the Licence Agreement which shall include, without limitation, any loss of or damage to profit, revenue, contracts, anticipated savings, goodwill or business opportunities whether direct or indirect. 14.2 Each party shall at all times take all reasonable steps to minimise and mitigate any loss or damage for which the relevant party is entitled to bring a claim against the other party pursuant to this Licence Agreement. 14.3 The Council's total aggregate liability in respect of all claims, losses or damages, whether arising from tort (including negligence), breach of contract or otherwise under or in connection with the Licence Agreement (other than a failure to pay any of the Licence fees that are properly due and payable and for which the Council shall remain fully liable), shall in no event exceed the total Licence fees payable or paid by the Licensee under or pursuant to the Licence Agreement 14.4 Notwithstanding any other provision of the Licence Agreement neither party limits or excludes its liability for: : (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by its negligence; or (c) breach of any obligation as to title implied by statute