Common use of Dollar Cap Clause in Contracts

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. CLLENTRUST’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER (OR TENANT), ARISING OUT OF OR RELATED TO THIS AGREEMENT IN CONNECTION WITH THE AGREEMENT, AND THE SERVICE AND/OR TOKENS PROVIDED THEREUNDER WILL NOT EXCEED THE FEES PAID TO ENTRUST BY CUSTOMER DURING (OR BY AN AUTHORIZED RESELLER, AS APPLICABLE) FOR THE 12 SERVICE AND/OR TOKENS FROM WHICH THE LIABILITY AROSE IN THE TWELVE MONTHS PRECEDING THE INJURY GIVING RISE PRIOR TO THE LIABILITYMONTH IN WHICH THE LIABILITY AROSE. 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 AGREEMENT12.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 9 12 (LIMITATION OF LIABILITY) 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 ENTRUST 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 (OR TENANT’S REMEDIES, IF ANY) FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits laws, rules or regulations limit the application of the provisions of this Article 912 (Limitation of Liability), CLLEntrust’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, CLLEntrust’s liability limits and other rights set forth in this Article 9 12 (Limitation of Liability) apply likewise to CLLEntrust’s affiliatesAffiliates, and their respective licensors, suppliers, advertisershosting providers, agents, sponsors, directors, officers, employees, consultants, and any other representatives.

Dollar Cap. CLLENTRUST’S TOTAL CUMULATIVE LIABILITY TO MSP (SUB-MSP OR TENANT), ARISING OUT OF OR RELATED TO THIS IN CONNECTION WITH THE AGREEMENT AND THE SERVICE PROVIDED THEREUNDER WILL NOT EXCEED THE FEES PAID TO ENTRUST BY CUSTOMER DURING MSP FOR THE 12 SERVICE FROM WHICH THE LIABILITY AROSE IN THE TWELVE MONTHS PRECEDING THE INJURY GIVING RISE PRIOR TO THE LIABILITYMONTH IN WHICH THE LIABILITY AROSE. 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 AGREEMENT11.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 9 11 (LIMITATION OF LIABILITY) APPLY: (aA) TO LIABILITY FOR NEGLIGENCE; (bB) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (cC) EVEN IF CLL ENTRUST IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (dD) EVEN IF CUSTOMERMSP’S REMEDIES (SUB- MSP’S OR TENANT’S REMEDIES, IF ANY) FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits laws, rules or regulations limit the application of the provisions of this Article 911 (Limitation of Liability), CLLEntrust’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, CLLEntrust’s liability limits and other rights set forth in this Article 9 11 (Limitation of Liability) apply likewise to CLLEntrust’s affiliatesAffiliates, and their respective licensors, suppliers, advertisershosting providers, agents, sponsors, directors, officers, employees, consultants, and any other representatives.

Dollar Cap. CLLENTRUST DATACARD’S TOTAL CUMULATIVE LIABILITY TO MSP (OR TENANT), ARISING OUT OF OR RELATED TO THIS IN CONNECTION WITH THE AGREEMENT AND THE SERVICE PROVIDED THEREUNDER WILL NOT EXCEED THE FEES PAID TO ENTRUST DATACARD BY CUSTOMER DURING MSP FOR THE 12 SERVICE FROM WHICH THE LIABILITY AROSE IN THE TWELVE MONTHS PRECEDING THE INJURY GIVING RISE PRIOR TO THE LIABILITYMONTH IN WHICH THE LIABILITY AROSE. 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 AGREEMENT11.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 9 11 (LIMITATION OF LIABILITY) APPLY: (aA) TO LIABILITY FOR NEGLIGENCE; (bB) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (cC) EVEN IF CLL ENTRUST DATACARD IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (dD) EVEN IF CUSTOMERMSP’S REMEDIES (OR TENANT’S REMEDIES, IF ANY) FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits laws, rules or regulations limit the application of the provisions of this Article 911 (Limitation of Liability), CLLEntrust Datacard’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, CLLEntrust Datacard’s liability limits and other rights set forth in this Article 9 11 (Limitation of Liability) apply likewise to CLLEntrust Datacard’s affiliatesAffiliates, and their respective licensors, suppliers, advertisershosting providers, agents, sponsors, directors, officers, employees, consultants, and any other representatives.