Common use of Maximum Damages Allowed Clause in Contracts

Maximum Damages Allowed. Notwithstanding any other provision of this Agreement, and for any reason, including breach of any duty imposed by this Agreement or independent of this Agreement, and regardless of any claim in contract, tort (including negligence) or otherwise, Metavante's total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Metavante by Customer under this Agreement during the four (4) months prior to the act or event giving rise to such claim.

Maximum Damages Allowed. Notwithstanding any other provision of this Agreement, and for any reason, including breach of any duty imposed by this Agreement contract or independent of this Agreementcontract, and regardless of any claim in contract, tort (including negligence) or otherwise, Metavante's total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Metavante by Customer under this Agreement during the four three (43) months prior to the act or event giving rise to such claim. No such limitation shall apply with respect to Metavante's willful misconduct or intentional failure to perform.