Common use of Additional Limitation on Liability Clause in Contracts

Additional Limitation on Liability. 9.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SS AGREEMENT, BANK’S AGGREGATE LIABILITY UNDER THIS SS AGREEMENT FOR ANY CLAIMS RELATING TO THIS SS AGREEMENT WHETHER FOR BREACH, NEGLIGENCE OR INFRINGEMENT, IN TORT OR OTHERWISE, AND ARISING IN ANY TWELVE MONTH PERIOD SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID TO BANK BY YOU FOR THE RDC SERVICE OR UNDER THIS SS AGREEMENT FOR SUCH TWELVE MONTH PERIOD. IN NO EVENT SHALL EITHER PARTY, ANY LICENSOR OR SERVICE PROVIDER BE LIABLE FOR ANY ERROR IN THE SOFTWARE, FOR ANY INJURY, DAMAGE OR LOSS RESULTING FROM SUCH ERROR OR FROM SUCH USE OF THE SOFTWARE, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, OR USE, OR LOSS OF ANY OPPORTUNITY OR GOOD WILL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BANK, ANY LICENSOR OR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN FURNISHING SOFTWARE OR SUPPORT SERVICES HEREUNDER. NO ACTION ARISING OUT OF THIS SS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER A CAUSE OF ACTION HAS

Appears in 3 contracts

Samples: Treasury Management Master Services Agreement, Treasury Management Master Services Agreement, Treasury Management Master Services Agreement

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Additional Limitation on Liability. 9.1 3.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SS AGREEMENT, BANK’S YOUR AGGREGATE LIABILITY UNDER THIS SS AGREEMENT FOR ANY CLAIMS RELATING TO THIS SS AGREEMENT WHETHER FOR BREACH, NEGLIGENCE OR INFRINGEMENT, IN TORT OR OTHERWISE, AND ARISING IN ANY TWELVE MONTH PERIOD SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID TO BANK BY YOU FOR THE RDC SERVICE OR UNDER THIS SS AGREEMENT FOR SUCH TWELVE MONTH PERIOD. IN NO EVENT SHALL EITHER PARTY, PARTY OR ANY LICENSOR OR SERVICE PROVIDER BE LIABLE FOR ANY ERROR IN THE SOFTWARE, FOR ANY INJURY, DAMAGE OR LOSS RESULTING FROM SUCH ERROR OR FROM SUCH USE OF THE SOFTWARE, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, OR USE, OR LOSS OF ANY OPPORTUNITY OR GOOD WILL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BANK, BANK OR ANY LICENSOR OR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN FURNISHING SOFTWARE PRODUCTS OR SUPPORT SERVICES HEREUNDER. NO ACTION ARISING OUT OF THIS SS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER A CAUSE OF ACTION HAS

Appears in 1 contract

Samples: Treasury Management Master Services Agreement

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