GENERAL LIABILITY CAP. EXCEPT AS SET FORTH BELOW, EACH PARTY’S ENTIRE LIABILITY TO THE OTHER PARTY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER (OR WITH RESPECT TO FEES DUE, PAYABLE) TO FLEXERA DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM.
GENERAL LIABILITY CAP. EXCEPT FOR (A) FEES PAYABLE BY CUSTOMER UNDER THIS AGREEMENT, (B) DAMAGES ARISING OUT OF OR RELATING TO CUSTOMER’S BREACH OF SECTION 2 (“SOFTWARE LICENSE”) OF THIS AGREEMENT, (C) DAMAGES ARISING OUT OF OR RELATING TO A PARTY’S BREACH OF SECTION 11 (“CONFIDENTIALITY”) OF THIS AGREEMENT, (D) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7 OR (E) DATA PROTECTION LOSSES (WHICH ARE SUBJECT TO SECTION 10.2 BELOW), TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CUMULATIVE, AGGREGATE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE AFFILIATES FOR ALL CLAIMS OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ALL SCHEDULES, THE DATA PROCESSING ADDENDUM AND STATEMENTS OF WORK) ARE LIMITED TO (i) IN THE CASE OF STANDARD SOFTWARE, THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE STANDARD SOFTWARE GIVING RISE TO THE CLAIM, OR (ii) IN THE CASE OF MAINTENANCE, THE TOTAL AMOUNT OF ALL FEES PAID OR PAYABLE TO BLUE YONDER FOR THE MAINTENANCE GIVING RISE TO THE CLAIM IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
GENERAL LIABILITY CAP. Except for Excluded Claims or Special Claims, to the maximum extent permitted by Law, each party’s entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid to Atlassian for the Products, Support and Advisory Services giving rise to the liability during the twelve (12) months preceding the first event out of which the liability arose. Customer’s payment obligations under Sections 10.1 (Fees) and 10.2 (Taxes) are not limited by this Section 14.2.
GENERAL LIABILITY CAP. THE CUMULATIVE, AGGREGATE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE AFFILIATES TO THE OTHER PARTY FOR ALL CLAIMS RELATED TO THE SERVICES AND/OR THIS AGREEMENT (INCLUDING THE ORDERING DOCUMENT AND STATEMENT OF WORK BUT EXCLUDING DATA PROTECTION LOSSES WHICH IS COVERED UNDER SECTION 11(b) BELOW) IS LIMITED TO DIRECT DAMAGES UP TO THE TOTAL AMOUNT OF ALL FEES PAID OR PAYABLE TO BLUE YONDER UNDER THE AGREEMENT. THIS LIMITATION APPLIES TO ANY DAMAGE, HOWEVER CAUSED, AND ON ANY THEORY OR LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT, MISREPRESENTATION, NEGLIGENCE (ACTIVE OR OTHERWISE), THE USE OR PERFORMANCE OF THE SERVICES OR DELIVERABLES, OR OTHERWISE AND REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE OR NOT.
GENERAL LIABILITY CAP. Except as provided in this Section 19.2, the total aggregate liability of either Party, for claims asserted by the other Party under or in connection with this Agreement, regardless of the form of the action or the theory of recovery, shall be limited to the greater of thirty million dollars ($30 million) or the total Charges paid or payable to Provider or its Affiliates under this Agreement and all Local Agreements during the eighteen (18) month period preceding the last act or omission giving rise to such liability (the “General Liability Cap”). For avoidance of doubt, this liability cap is an aggregate liability cap for this Agreement and all Local Agreements.
GENERAL LIABILITY CAP. Notwithstanding clauses 18.3 and 18.4 neither party’s liability arising under or in connection with this Agreement (whether in contract, tort or otherwise) shall not exceed $5,000,000 in respect of all events arising in any financial year.
GENERAL LIABILITY CAP. Additionally, except as provided below, the total aggregate liability of either Party, for claims asserted by the other Party under or in connection with this Agreement, regardless of the form of the action or the theory of recovery, shall be limited to the total Charges payable to Provider during the twelve (12) month period preceding the last act or omission giving rise to such liability provided that if the event giving rise to liability occurs in the first twelve (12) months immediately following the Commencement Date, the total aggregate liability of either Party shall be limited to the total Charges that would be payable to Supplier for the performance of the Services during such twelve (12) month period.
GENERAL LIABILITY CAP. EXCEPT FOR: (I) ANY INFRINGEMENT BY ONE PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (II) FRAUD OR WILFUL MISCONDUCT BY EITHER PARTY, (III) BREACH OF YOUR PAYMENT OBLIGATIONS, (IV) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS AS OUTLINED IN SECTION 8, OR (V) DATA PROTECTION CLAIMS, IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER PARTY IN CONNECTION WITH THIS AGREEMENT, EXCEED THE FEES ACTUALLY PAID BY YOU TO QUMULO IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED, AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
GENERAL LIABILITY CAP. Except as otherwise expressly provided below in this Section 24, each Party’s total liability to the other under this Agreement, whether in contract or in tort (including breach of warranty, negligence and strict liability in tort) will be limited, in the aggregate, to an amount equal to the greater of:
(i) and
(ii) the total charges paid or payable by Health Net to Supplier pursuant to this Agreement for proper performance of the Services for the twelve (12) months prior to the month in which the most recent event giving rise to liability occurred, provided that if the event giving rise to liability occurs during the first twelve (12) months after the BPaaS Services Commencement Date, the liability cap under this clause (ii) will be an amount equal to twelve (12) times the result obtained by dividing the total charges paid or payable under this Agreement from the BPaaS Services Commencement Date through the date on which such event occurred, by the number of months from the BPaaS Services Commencement Date through such date***. Service Level Credits and Deliverable Credits do not count against and do not reduce the amounts available under the foregoing limitations. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. For purposes of this Section, fees shall be deemed payable when accrued to the benefit of and legally collectable by Supplier.
GENERAL LIABILITY CAP. Except as set forth in Clause 58.6 and Clause 58.4(b)(ii), the Service Provider’s total liability under this Agreement (whether the liability is in contract, in tort, breach of warranty, negligence, strict liability or otherwise) for any claim or Losses under this Agreement will under no circumstances exceed an amount equal to the greater of:
