Enhanced Liability Cap for Data Incidents under SOPPA. If a Data Incident is attributed to Google, Google will be liable for its own costs and expenses for its actions taken pursuant to Section 7.2 (Data Incidents) of the Data Processing Amendment, and for Customer`s reasonable costs for legally required notification to parents whose Covered Information was misappropriated and any fines or penalties that Customer must pay regulatory agencies solely as a result of any Data Incident attributed to Google. Notwithstanding anything to the contrary under the Agreement, Google`s total aggregated liability under this sub-section 2.3(h) is limited to ONE HUNDRED THOUSAND US DOLLARS ($100,000.00). Customer will be liable for any remaining costs and expenses incurred in investigating and remediating the Data Incident.
