Common use of CAP ON MONETARY LIABILITY Clause in Contracts

CAP ON MONETARY LIABILITY. SUBJECT TO SECTION 15.1 AND SECTION 15.3, THE COLLECTIVE AGGREGATE LIABILITY OF EXASOL AND ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL IN NO EVENT EXCEED a sum equal to (a) all the amounts paid, and amounts accrued and not yet paid, BY CUSTOMER under this Agreement for: (i) Customer’s Perpetual Software License or Software Subscription, (ii) plus any Maintenance Services and Professional Services, in each case of (i) and (ii) during the twelve (12) months prior to the event (or last in the series of events) giving rise to the claim, OR (b) $10,000,000 , WHICHEVER IS LESS..