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 contract or independent of this contract, and regardless of any claim in contract, tort (including negligence) or otherwise, the total, aggregate liability under this Agreement of Metavante and/or any Eligible Provider shall in no circumstance exceed twenty-five million dollars ($25,000,000), provided, however, that the foregoing shall not limit M&I'sMetavante' liability for willful misconduct.

Maximum Damages Allowed. Notwithstanding any other provision of ----------------------- this ----------------------- Agreement, and for any reason, including breach of any duty imposed by this contract or independent of this contract, and regardless of any claim in contract, tort (including negligence) or otherwise, the total, aggregate liability under this Agreement of Metavante M&I and/or any Eligible Provider shall in no circumstance exceed twenty-five million dollars ($25,000,0005,000,000), provided, however, that the foregoing shall not limit M&I'sMetavante' M&I's liability for willful misconduct.