Financial Limits Subject to Clause 34.1 (Unlimited Liability), the Supplier’s total aggregate liability: in respect of all: Service Credits; and Compensation for Critical Service Level Failure; incurred in any rolling period of 12 Months shall be subject in aggregate to the Service Credit Cap; in respect of all other Losses incurred by the Customer under or in connection with this Call Off Contract as a result of Defaults by the Supplier shall in no event exceed: in relation to any Defaults occurring from the Call Off Commencement Date to the end of the first Call Off Contract Year, the higher of [one million pounds (£1,000,000)] and a sum equal to [one hundred and fifty per cent (150%)] of the Estimated Year 1 Call Off Contract Charges; in relation to any Defaults occurring in each subsequent Call Off Contract Year that commences during the remainder of the Call Off Contract Period, the higher of [one million pounds (£1,000,000)] in each such Call Off Contract Year and a sum equal to [one hundred and fifty percent (150%)] of the Call Off Contract Charges payable to the Supplier under this Call Off Contract in the previous Call Off Contract Year; and in relation to any Defaults occurring in each Call Off Contract Year that commences after the end of the Call Off Contract Period, the higher of [one million pounds (£1,000,000)] in each such Call Off Contract Year and a sum equal to [one hundred and fifty percent (150%)] of the Call Off Contract Charges payable to the Supplier under this Call Off Contract in the last Call Off Contract Year commencing during the Call Off Contract Period. Subject to Clauses 34.1 (Unlimited Liability) and 34.2 (Financial Limits) and without prejudice to its obligation to pay the undisputed Call Off Contract Charges as and when they fall due for payment, the Customer's total aggregate liability in respect of all Losses as a result of Customer Causes shall be limited to: in relation to any Customer Causes occurring from the Call Off Commencement Date to the end of the first Call Off Contract Year, a sum equal to the Estimated Year 1 Call Off Contract Charges; in relation to any Customer Causes occurring in each subsequent Call Off Contract Year that commences during the remainder of the Call Off Contract Period, a sum equal to the Call Off Contract Charges payable to the Supplier under this Call Off Contract in the previous Call Off Contract Year; and in relation to any Customer Causes occurring in each Call Off Contract Year that commences after the end of the Call Off Contract Period, a sum equal to the Call Off Contract Charges payable to the Supplier under this Call Off Contract in the last Call Off Contract Year commencing during the Call Off Contract Period. Subject to Clause 34.1 (Unlimited Liability) neither Party shall be liable to the other Party for any: indirect, special or consequential Loss; loss of profits, turnover, savings, business opportunities or damage to goodwill (in each case whether direct or indirect).
Financial Limit 3.1 Payments under this Call-down Contract shall not exceed £ 2,560,000 GBP Two Million five hundred and sixty thousand pounds only (“the Financial Limit”) and is exclusive of any government tax, if applicable as detailed in Annex B.
ANNUAL LIMITATION Notwithstanding anything contained in this Agreement to the contrary, and with respect to each Tax Year of the Tax Limitation Period beginning after the first Tax Year of the Tax Limitation Period, in no event shall (i) the sum of the maintenance and operations ad valorem taxes paid by the Applicant to the District for such Tax Year, plus the sum of all payments otherwise due from the Applicant to the District under Articles IV, V, and VI of this Agreement with respect to such Tax Year, exceed (ii) the amount of the maintenance and operations ad valorem taxes that the Applicant would have paid to the District for such Tax Year (determined by using the District’s actual maintenance and operations tax rate for such Tax Year) if the Parties had not entered into this Agreement. The calculation and comparison of the amounts described in clauses (i) and (ii) of the preceding sentence shall be included in all calculations made pursuant to Article IV of this Agreement, and in the event the sum of the amounts described in said clause (i) exceeds the amount described in said clause (ii), then the payments otherwise due from the Applicant to the District under Articles IV, V, and VI shall be reduced until such excess is eliminated.
Territorial Limits UK [and elsewhere in the world in respect of non manual visits].
Coverage Limits By requiring insurance, the State of Washington and DSHS do not represent that the coverage and limits required in this Contract will be adequate to protect the Contractor. Such coverage and limits shall not limit the Contractor’s liability in excess of the required coverage and limits, and shall not limit the Contractor’s liability under the indemnities and reimbursements granted to the State and DSHS in this Contract.