Common use of LIABILITY AND LIMITATION OF LIABILITY Clause in Contracts

LIABILITY AND LIMITATION OF LIABILITY. 12.1 The regulation of liability and limitation of liability in the agreement(s) on delivery of the Primary Services also applies to this Processor Agreement as were this Processor Agreement an integral part thereof. If this is not considered in the agreement(s) on delivery of the Primary Services, the provisions in this clause 12 will apply to this Processor Agreement. 12.2 The Parties are liable according to the general rules of applicable law, subject, however, to the limitations set out in this section. 12.3 The Parties disclaim any liability for indirect losses and consequential losses, including loss of profits, loss of goodwill, loss of savings and revenue, including expenses to recover lost revenue, interest loss and loss of data. 12.4 The Parties' liability for all cumulative claims under this Processor Agreement is limited to the total amounts due for the Primary Services for the 12-month period immediately preceding the wrongful act. If the Processor Agreement has not been in force for 12 months, the amount is calculated as the agreed payment for the Primary Services for the period during which the Processor Agreement has been in force divided by the number of months for which the Processor Agreement has been in force and then multiplied by 12. 12.5 The following are not covered by the limitation of liability in this clause 12: a) Loss as a result of the other Party's grossly negligent or intentional acts. b) Expenses and resource consumption in connection with the performance of a Party's obligations in relation to a supervisory authority or the data subject, including compensation to a data subject, to the extent that these are caused by a breach by the other Party.

LIABILITY AND LIMITATION OF LIABILITY. 12.1 9.1 The regulation of liability and limitation of liability in the agreement(s) on delivery of the Primary Services also applies to this Processor Agreement as were this Processor Agreement an integral part thereof. If this is not considered in the agreement(s) on delivery of the Primary Services, the provisions in this clause 12 9 will apply to this Processor Agreement. 12.2 9.2 The Parties are liable according to the general rules of applicable law, subject, however, to the limitations set out in this section. 12.3 9.3 The Parties disclaim any liability for indirect losses and consequential losses, including loss of profitsprofits, loss of goodwill, loss of savings and revenue, including expenses to recover lost revenue, interest loss and loss of data. 12.4 9.4 The Parties' liability for all cumulative claims under this Processor Agreement is limited to the total amounts due for the Primary Services for the 12-month period immediately preceding the wrongful act. If the Processor Agreement has not been in force for 12 months, the amount is calculated as the agreed payment for the Primary Services for the period during which the Processor Agreement has been in force divided by the number of months for which the Processor Agreement has been in force and then multiplied by 12. 12.5 9.5 The following are not covered by the limitation of liability in this clause 12: a) 9: Loss as a result of the other Party's grossly negligent or intentional acts. b) . Expenses and resource consumption in connection with the performance of a Party's obligations in relation to a supervisory authority or the data subject, including compensation to a data subject, to the extent that these are caused by a breach by the other Party.