Common use of Aggregate Liability Clause in Contracts

Aggregate Liability. Notwithstanding anything contained herein to the contrary, the Warrant Agent’s aggregate liability during any term of this Agreement with respect to, arising from, or arising in connection with this Agreement, or from all services provided or omitted to be provided under this Agreement, whether in contract, or in tort, or otherwise, is limited to, and shall not exceed, other than in the case of the Warrant Agent’s bad faith or willful misconduct, the amounts paid hereunder by the Company to Warrant Agent as fees and charges, but not including reimbursable expenses,

Aggregate Liability. Notwithstanding anything contained herein to the contrary, the The Warrant Agent’s aggregate liability during any term of this Agreement with respect to, arising from, or arising in connection with this Agreement, or from all services provided or omitted to be provided under this Agreement, whether in contract, or in tort, or otherwise, is limited to, and shall not exceed, other than in the case of the Warrant Agent’s bad faith or willful misconduct, an amount equal to four times (4x) the amounts paid or payable hereunder by the Company to Warrant Agent as fees and charges, but not including reimbursable expenses,.