Common use of Breach and liability Clause in Contracts

Breach and liability. 8.1 The Main Agreement’s regulation of breach of contract and the consequences hereof shall apply equally to this Data Processor Agreement as if this Data Processor Agreement is an integrated part hereof. 8.2 Each party’s cumulated liability under this Data Processor Agreement is limited to the payments made under the Main Agreement in the 12 months before the occurrence of the circumstances leading to a breach of contract. If the Data Processor Agreement has not been in force for 12 months before the occurrence of the circumstances leading to a breach of contract, the limited liability amount shall be calculated proportionately based on the actual performed payments. 8.3 The limitation of liability does not apply to the following: (i) Losses as a consequence of the other party’s gross negligence or willful misconduct. (ii) A party’s expenses and resources used to perform the other party’s obligations, including payment obligations, towards a relevant data protection agency or any other authority.

Breach and liability. 8.1 The Main Agreement’s regulation of breach of contract and the consequences hereof shall apply equally to this Data Processor Processing Agreement as if this Data Processor Processing Agreement is an integrated part hereof. 8.2 Each party’s cumulated liability under this Data Processor Processing Agreement is limited to the payments made under the Main Agreement in the 12 months before prior to the occurrence of the circumstances leading to a breach of contract. If the Data Processor Processing Agreement has not been in force for 12 months before the occurrence of the circumstances leading to a breach of contract, the limited liability amount shall be calculated proportionately based on the actual performed payments. 8.3 The limitation of liability does not apply to the following: (i) Losses as a consequence of the other party’s gross negligence or willful misconduct. (ii) A party’s expenses and resources used to perform the other party’s obligations, including payment obligations, towards a relevant data protection agency or any other authority.

Breach and liability. 8.1 The Main Agreement’s regulation of breach of contract and the consequences hereof shall apply equally to this Data Processor Agreement as if this Data Processor Agreement is an integrated part hereof. 8.2 Each party’s cumulated liability under this Data Processor Agreement is limited to the payments made under the Main Agreement in the 12 months before the occurrence of the circumstances leading to a breach of contract. If the Data Processor Agreement has not been in force for 12 months before the occurrence of the circumstances leading to a breach of contract, the limited liability amount shall be calculated proportionately based on the actual performed payments. 8.3 The limitation of liability does not apply to the following: : (i) Losses as a consequence of the other party’s gross negligence or willful misconduct. (ii) A party’s expenses and resources used to perform the other party’s obligations, including payment obligations, towards a relevant data protection agency or any other authority.