Common use of STATEMENT OF LIABILITY Clause in Contracts

STATEMENT OF LIABILITY. Section 4.4(B) shall be amended as follows: The Contractor’s liability for damages to the State shall be limited to the amount billed by Contractor during the twelve (12) month period immediately preceding the date such claim for damages arose or the amount of insurance proceeds payable to the Contractor with respect to the claim to which the damage limitation applies, whichever is higher. The foregoing limitation of liability shall not apply to claims for infringement of United States patent, copyright, trademarks or trade secrets; to claims for personal injury or damage to property caused by the gross negligence or willful misconduct of the Contractor; to claims covered by other specific provisions of the Contract calling for damages. The Contractor and the State shall not be liable to each other, regardless of the form of action, for consequential, incidental, indirect, or special damages. For the Contractor’s insurance required above, the Contractor shall cause DHS to be named as an additional insured, and the insurance coverage limits for the cyberliability/E&O policy shall be $10,000,000 each claim and $10,000,000 in the aggregate. Contractor shall maintain the insurance for the entirety of the contract term, and shall provide DHS with a certificate of insurance when it executes the Contract.