Authority cap. The maximum aggregate liability of the Authority in respect of all claims or liability of the Authority to the Provider for any matter arising under or in connection with this agreement (whether based on any action or claim in contract, equity, tort, including negligence or otherwise) in any year is limited to an amount equal to the total fees payable by the Authority in the first 12 months of this agreement (and if the liability arises within that first 12 months the total will be calculated on the basis of the average monthly charges multiplied by the balance of the 12 months). This clause 14.5 will not apply to: (a) any liability arising for wilful breach or fraud by the Authority; (b) the Authority’s obligation to refund any payments to the Provider under clause 14.5; and (c) the Authority’s obligation to pay the fees for the services under clause 6.
Appears in 9 contracts
Samples: Market Operator Service Provider Agreement, Market Operator Service Provider Agreement, Market Operator Service Provider Agreement
