Common use of Liability Cap Clause in Contracts

Liability Cap. Unless the parties are liable in accordance with “Unlimited Liability” section above, in no event shall the aggregate liability of each party together with all of its Affiliates arising out of or related to this Agreement exceed the total amount paid by Customer and its Affiliates hereunder for the Services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose. The foregoing limitation will not limit Customer’s and its Affiliates’ payment obligations under the “Fees and Payment” section above.

Liability Cap. Unless the parties are liable in accordance with “Unlimited Liability” section clause above, in no event shall the aggregate liability of each party together with all of its Affiliates arising out of or related to this Agreement exceed the total amount paid by Customer the Client and its Affiliates hereunder for the Services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose. The foregoing limitation will not limit Customerthe Client’s and its Affiliates’ payment obligations under the “Fees Fees, Payment and PaymentOverages” section clause above.

Liability Cap. Unless the parties Parties are liable in accordance with “Unlimited Liability” section 6.1. above, in no event shall will the aggregate liability of each party Party together with all of its Affiliates arising out of or related in any way connected to this Agreement exceed the total amount of Fees paid by Customer and its Affiliates hereunder for the Services giving rise to the liability under this Agreement in the 12 twelve (12) months immediately preceding the first incident out of which claim to arise under the liability aroseAgreement (“Liability Cap”). The foregoing limitation Liability Cap will not limit Customer’s and its Affiliates’ Customer payment obligations under the “Fees and Payment” section Section 3 above.

Liability Cap. Unless the parties are liable in accordance with “Unlimited Liability” section above, in no event shall the aggregate liability of each party together with all of its Affiliates arising out of or related to this Agreement exceed the total amount paid by Customer and its Affiliates hereunder for the Services giving rise to the liability in the 12 twelve (12) months preceding the first incident out of which the liability arose. The foregoing limitation will not limit Customer’s and its Affiliates’ payment obligations under the “Fees and Payment” section above.

Liability Cap. Unless the parties Parties are liable in accordance with “Unlimited Liability” section 6.1. above, in no event shall will the aggregate liability of each party Party together with all of its Affiliates arising out of or related in any way connected to this Agreement exceed the total amount of Fees paid by Customer and its Affiliates hereunder for the Services giving rise to the liability under this Agreement in the 12 twelve (12) months immediately preceding the first incident out of which claim to arise under the liability aroseAgreement (“Liability Cap”). The foregoing limitation Liability Cap will not limit Customer’s and its Affiliates’ Customer payment obligations under the “Fees and Payment” section Section 3 above. 6.

Liability Cap. Unless the parties Parties are liable in accordance with “Unlimited Liability” section 6.1. above, in no event shall will the aggregate liability of each party Party together with all of its Affiliates arising out of or related in any way connected to this Agreement exceed the total amount of Fees paid by Customer and its Affiliates hereunder for the Services giving rise to the liability under this Agreement in the 12 twelve (12) months immediately preceding the first incident out of which claim to arise under the liability aroseAgreement (“Liability Cap”). The foregoing limitation Liability Cap will not limit Customer’s and its Affiliates’ Customer payment obligations under the “Fees and Payment” section Section 3 above. 6.4.