Common use of Dollar Cap Clause in Contracts

Dollar Cap. ENTRUST DATACARD’S TOTAL CUMULATIVE LIABILITY TO MSP (OR TENANT), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND THE SERVICE PROVIDED THEREUNDER WILL NOT EXCEED THE FEES PAID TO ENTRUST DATACARD BY MSP FOR THE SERVICE FROM WHICH THE LIABILITY AROSE IN THE TWELVE MONTHS PRIOR TO THE MONTH IN WHICH THE LIABILITY AROSE. 11.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY ARTICLE 11 (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 ENTRUST DATACARD IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF MSP’S REMEDIES (OR TENANT’S REMEDIES, IF ANY) FAIL OF THEIR ESSENTIAL PURPOSE. If applicable laws, rules or regulations limit the application of the provisions of Article 11 (Limitation of Liability), Entrust Datacard’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Entrust Datacard’s liability limits and other rights set forth in this Article 11 (Limitation of Liability) apply likewise to Entrust Datacard’s Affiliates, and their respective licensors, suppliers, hosting providers, agents, directors, officers, employees, consultants, and any other representatives.

Dollar Cap. ENTRUST DATACARDCLL’S TOTAL CUMULATIVE LIABILITY TO MSP (OR TENANT), ARISING OUT OF OR IN CONNECTION WITH THE RELATED TO THIS AGREEMENT AND THE SERVICE PROVIDED THEREUNDER WILL NOT EXCEED THE FEES PAID TO ENTRUST DATACARD BY MSP FOR CUSTOMER DURING THE SERVICE FROM WHICH 12 MONTHS PRECEDING THE LIABILITY AROSE IN THE TWELVE MONTHS PRIOR INJURY GIVING RISE TO THE MONTH LIABILITY. Exclusion of Consequential Damages. IN WHICH THE LIABILITY AROSE. 11.3NO 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 11 (LIMITATION OF LIABILITY) 9 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 ENTRUST DATACARD CLL IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (Dd) EVEN IF MSPCUSTOMER’S REMEDIES (OR TENANT’S REMEDIES, IF ANY) FAIL OF THEIR ESSENTIAL PURPOSE. If applicable laws, rules or regulations limit law limits the application of the provisions of this Article 11 (Limitation of Liability)9, Entrust DatacardCLL’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Entrust DatacardCLL’s liability limits and other rights set forth in this Article 11 (Limitation of Liability) 9 apply likewise to Entrust DatacardCLL’s Affiliatesaffiliates, and their respective licensors, suppliers, hosting providersadvertisers, agents, sponsors, directors, officers, employees, consultants, and any other representatives.

Dollar Cap. ENTRUST DATACARDENTRUST’S TOTAL CUMULATIVE LIABILITY TO MSP CUSTOMER (OR TENANT), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AGREEMENT, AND THE SERVICE AND/OR TOKENS PROVIDED THEREUNDER WILL NOT EXCEED THE FEES PAID TO ENTRUST DATACARD BY MSP CUSTOMER (OR BY AN AUTHORIZED RESELLER, AS APPLICABLE) FOR THE SERVICE AND/OR TOKENS FROM WHICH THE LIABILITY AROSE IN THE TWELVE MONTHS PRIOR TO THE MONTH IN WHICH THE LIABILITY AROSE. 11.312.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY ARTICLE 11 12 (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 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 MSPCUSTOMER’S REMEDIES (OR TENANT’S REMEDIES, IF ANY) FAIL OF THEIR ESSENTIAL PURPOSE. If applicable laws, rules or regulations limit the application of the provisions of Article 11 12 (Limitation of Liability), Entrust DatacardEntrust’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Entrust DatacardEntrust’s liability limits and other rights set forth in this Article 11 12 (Limitation of Liability) apply likewise to Entrust DatacardEntrust’s Affiliates, and their respective licensors, suppliers, hosting providers, agents, directors, officers, employees, consultants, and any other representatives.

Dollar Cap. ENTRUST DATACARDENTRUST’S TOTAL CUMULATIVE LIABILITY TO MSP (SUB-MSP OR TENANT), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND THE SERVICE PROVIDED THEREUNDER WILL NOT EXCEED THE FEES PAID TO ENTRUST DATACARD BY MSP FOR THE SERVICE FROM WHICH THE LIABILITY AROSE IN THE TWELVE MONTHS PRIOR TO THE MONTH IN WHICH THE LIABILITY AROSE. 11.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY ARTICLE 11 (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 ENTRUST DATACARD IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF MSP’S REMEDIES (SUB- MSP’S OR TENANT’S REMEDIES, IF ANY) FAIL OF THEIR ESSENTIAL PURPOSE. If applicable laws, rules or regulations limit the application of the provisions of Article 11 (Limitation of Liability), Entrust DatacardEntrust’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Entrust DatacardEntrust’s liability limits and other rights set forth in this Article 11 (Limitation of Liability) apply likewise to Entrust DatacardEntrust’s Affiliates, and their respective licensors, suppliers, hosting providers, agents, directors, officers, employees, consultants, and any other representatives.