Dollar Cap. The Dollar Cap is the dollar amount at which no further Accumulation Value may be added to Restricted Funds.
Dollar Cap. RALLY’S CUMULATIVE LIABILTY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE CUMULATIVE SUBSCRIPTION FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY .
Dollar Cap. It is commercially standard practice for software licenses to contain a specified limit on vendor’s aggregate monetary liability under the agreement, subject to certain exceptions. The amount of the dollar cap is often expressed in relation to amounts paid under the agreement (for example, amounts paid under the previous twelve months, or all fees paid under the agreement), or perhaps a multiple of such amounts. The final dollar value of the cap is often correlated to the respective negotiating leverage of the parties. The parties should also pay particular attention to the exceptions to the cap, which historically have included indemnity obligations, gross negligence, willful misconduct, and breaches of confidentiality. In recent years, compliance with law and data breach liabilities have also become part of these negotiations. Depending on the circumstances, certain liabilities (such as for data breach) may be subject to a “super cap”—which might be a multiple of the dollar cap for other liabilities.
Dollar Cap. CLL’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY CUSTOMER DURING THE 12 MONTHS PRECEDING THE INJURY GIVING RISE TO THE LIABILITY. Exclusion of Consequential Damages. IN NO EVENT WILL CLL BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 9 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF CLL IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Article 9, CLL’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, CLL’s liability limits and other rights set forth in this Article 9 apply likewise to CLL’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.
Dollar Cap. The Dollar Cap is the dollar amount at which no further Accumulation Value may be added to Restricted Funds. PREMIUM THRESHOLD The threshold for premium by Restricted Fund limits the amount of any premium which may be allocated to that division. Should a request for allocation to a Restricted Fund exceed the limit in effect for that division or for the Contract, any excess over that amount shall be allocated prorata to any non-Restricted Fund(s) in which the Contract is then invested. Should the Contract not be invested in other non-Restricted Funds, the excess will be invested in the Specially Designated Division unless we receive written instructions to do otherwise. Premium allocations must also satisfy the Allocation Threshold. ALLOCATION THRESHOLD Allocations into a Restricted Fund are limited to that amount such that the Accumulation Value in that Restricted Fund after such allocation does not exceed the threshold for that division and does not cause the Contract's total limit on allocation to Restricted Funds to be exceeded. If the amount of an allocation would cause either limit to be exceeded, the allocation will only be executed to the extent the lower limit would allow. Allocations from a Restricted Fund will be allowed even if the amount remaining in the Restricted Fund after an allocation exceeds the Allocation Threshold. If a program of allocations over time is authorized by us, verification of the threshold will be performed at the initiation of such program. If such program is modified at a later date, a testing of thresholds will be done at that time. THRESHOLDS - EFFECT ON WITHDRAWALS If a withdrawal is requested while any Accumulation Value is allocated to Restricted Funds and the Allocation Threshold percentage is currently exceeded, the percentage for funds invested in Restricted Funds for the total Contract, after taking into account the withdrawal, may not be higher than prior to the withdrawal. Should the calculated effect of a withdrawal result in the total Contract threshold being exceeded, the excess portion of the withdrawal will be processed prorata from all variable divisions. GA-IA-1074 <PAGE> <PAGE> PREMIUM PAYMENTS AND ALLOCATION CHARGES (continued) ------------------------------------------------------------------------------ Systematic withdrawals, while the Contract has investments in Restricted Funds, if not withdrawn prorata from all divisions, shall be monitored annually to assure threshold compliance. Should the effe...
Dollar Cap. MARCH NETWORKS’ LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE SUBSCRIPTION FEES PAID TO MARCH NETWORKS FOR THE SYSTEM DELIVERED TO SUBSCRIBER HEREUNDER DURING THE 12 MONTHS PRECEDING THE INJURY GIVING RISE TO THE LIABILITY.
Dollar Cap. The term “DOLLAR CAP” means Five Million Dollars ($5,000,000.00).
Dollar Cap. VENDOR’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO VENDOR IN THE TWELEVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CONDUCT COMPLAINED OF.
Dollar Cap. Cre8tive’s liability arising out of or related to this Agreement will not exceed the Subscription Fee for the initial Subscription Term of the Service.
Dollar Cap. REGARDLESS OF WHETHER A CLAIM FOR DAMAGES IS BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN NO EVENT WILL THE AGGREGATE TOTAL LIABILITY OF MCAFEE OR ITS LICENSORS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT EXCEED (a) FOR MONTHLY CUSTOMERS, TO THE FEES PAID UNDER THIS AGREEMENT FOR THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (b) FOR ANNUAL CUSTOMERS, TO THE FEES PAID UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, LESS THE AGGREGATE OF ALL AMOUNTS PAID BY SUCH LIABLE PARTY UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER ON ACCOUNT OF PREVIOUS EVENTS OF LIABILITY. THESE LIMITATIONS DO NOT APPLY TO MCAFEE’S INDEMNIFICATION OBLIGATIONS; TO MCAFEE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR TO ANY LIMITATION TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
