Common use of Aggregate Limit of Liability Clause in Contracts

Aggregate Limit of Liability. The Consultant's liability under this Agreement shall be limited to the equivalent of one month of Monthly Recurring Charges (MRC) for the specific service(s) provided by the Consultant. In no event shall the Consultant be liable for any indirect, incidental, special, or consequential damages, including but not limited to damages for interruption of services, loss of business, loss of profits, loss of revenue, loss of data, or loss or increased expense of use incurred by the Company or any third party, whether in an action in contract, warranty, tort (including negligence), or strict liability, even if the Consultant has been advised of the possibility of such damages. The Consultant shall not be responsible for any problems that may occur as a result of the use of any third-party software or hardware. The aggregate amount of liability the Company may recover from the Consultant under this Agreement for any and all injuries, claims, losses, expenses, or damages arising out of or in any way related to the services and/or this Agreement, from any cause or causes, including but not limited to the Consultant's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty ("Company's Claims"), shall not exceed the total payments made to the Consultant by the Company pursuant to this Agreement in the immediately preceding month. This limitation represents the Consultant's total liability for all of the Company's Claims. The limitations set forth in this section shall not apply to personal injury or damage to tangible property caused by the willful misconduct or gross negligence of the Consultant. The limitations of liability and exclusions of damages set forth in this section shall apply to the fullest extent permitted by applicable law and shall survive the termination or expiration of this Agreement.

Aggregate Limit of Liability. The Consultant's liability under this Agreement shall be limited In recognition of the relative risks and benefits to both You and Us, the risks have been allocated such that both Parties agree, to the equivalent of one month of Monthly Recurring Charges (MRC) for the specific service(s) provided fullest extent permitted by the Consultant. In no event law, that We shall the Consultant not be liable for any indirect, incidental, special, special or consequential damagesdamages (including without limitation, including but not limited to damages for interruption of services, loss of business, loss of profits, loss of revenue, loss of datadate, or loss or increased expense of use incurred by the Company client or any third partyparty incurs), whether in an action in contract, warranty, tort (including without limitation, negligence), or strict liabilityliability (“Losses”), even if the Consultant has We have been advised of the possibility of such damagesliabilities. The Consultant Limitations of liability, waivers and indemnities in this Agreement are business understandings between the Parties and shall apply to all legal theories of recovery. We shall not be responsible for any problems that Losses, damages, injuries, claims or expenses of any nature which may occur as a result of the use of or the failure of any third-party software or hardware. The In no event shall the aggregate amount of liability the Company You may recover from the Consultant Us under this Agreement for any and all Losses, damages, injuries, claims, losses, expenses, or damages expenses arising out of or in any way related to the services Services and/or this Agreement, from any cause or causes, including but not limited to the Consultant's Our negligence, errors, omissions, strict liability, breach of contract, contract or breach of warranty ("Company's Claims")warranty, shall not exceed the total payments made to the Consultant Us by the Company You pursuant to this Agreement in the five (5) months immediately preceding monththe alleged Loss. This limitation The foregoing sum represents the Consultant's Our total liability for all of the Company's ClaimsYour claims and Losses. You agree that You will not seek damages in excess of these contractually agreed-upon limitations. The limitations set forth in this section shall not apply to personal injury or damage to tangible property caused by the willful misconduct or Our gross negligence of the Consultant. The limitations of liability and exclusions of damages set forth in this section shall apply to the fullest extent permitted by applicable law and shall survive the termination or expiration of this Agreementwillful misconduct.