Common use of Overall Limitation of Liability Clause in Contracts

Overall Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLIENT AGREES THAT THE LIABILITY OF S & B, AND ITS SUBCONTRACTORS, AGENTS, CONSULTANTS AND EMPLOYEES, WITH RESPECT TO ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT OR THE RENDITION OF SERVICES IN CONNECTION THEREWITH, OR THE USE OF ANY PART OF THE WORK, WHETHER BASED IN CONTRACT, BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING S & B’S OR ITS SUBCONTRACTORS’ SOLE OR CONTRIBUTORY NEGLIGENCE AND STRICT LIABILITY), STATUTE, EQUITY OR OTHER THEORY OF LAW, SHALL BE LIMITED TO THE LESSER OF TEN PERCENT OF THE VALUE OF THE WORK WHICH GAVE RISE TO THE LIABILITY OR ONE MILLION STATES DOLLARS (U.S. $1,000,000.00) PER OCCURRENCE AND IN THE AGGREGATE, REGARDLESS OF S & B’S OR ITS SUBCONTRACTORS’ FAULT, NEGLIGENCE OR STRICT LIABILITY.