Common use of Direct Losses Clause in Contracts

Direct Losses. Unless otherwise specified in the applicable Service Schedule, the liability of each Party to the other for all damages, losses, costs or expenses arising out of, in connection with or related to the Service Order, regardless of the legal principle that imposes such liability, whether in contract, equity, intended conduct, tort or otherwise, will be limited to and will not exceed, (in the aggregate for all claims, actions and causes of action of every kind and nature), an amount equal to the aggregate value of the monthly recurring charges payable to ALLO (excluding any third party recurring charges) for a 12 month period. This limit does not apply to any Charges owed by the Customer to ALLO, recovery of the Balance Charges and/or any third party recurring charges incurred in order to provide the Service.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

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Direct Losses. Unless otherwise specified in the applicable Service Schedule, the liability of each Party to the other for all damages, losses, costs or expenses arising out of, in connection with or related to the Service Order, regardless of the legal principle that imposes such liability, whether in contract, equity, intended conduct, tort or otherwise, will be limited to and will not exceed, (in the aggregate for all claims, actions and causes of action of every kind and nature), an amount equal to the aggregate value of the monthly recurring charges payable to ALLO TIME (excluding any third party recurring charges) for a 12 month period. This limit does not apply to any Charges owed by the Customer to ALLOTIME, recovery of the Balance Charges and/or any third party recurring charges incurred in order to provide the Service.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

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