Common use of Liability Caps Clause in Contracts

Liability Caps. (a) Except as provided in Section *, the liability of IBM and its Affiliates to Equifax and its Affiliates under this Agreement arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations shall be limited in the aggregate for all claims, causes of action or occurrences: (i) to Direct Damages incurred by Equifax and its Affiliates equal to the charges paid by Equifax for the Services in the affected country during the * immediately prior to the first event which is the subject of the first claim or if * have not elapsed in the term of this Agreement at the time of the first such event, the estimated charges to Equifax for the Services in the affected country set forth in Schedule C (Charges) during the first * of the Term (“IBM Direct Damages Cap”); and (ii) in the event Equifax claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in Equifax’s termination of this Agreement pursuant to Section 12.1(a) for cause or Section 12.1(e) for Bankruptcy, and the * operates to preclude Equifax’s recovery of *, then * shall be entitled to recover an *, not to exceed * of *, which amount shall be applied only toward *. (b) Except as provided in Section *, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations in each country shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax upon a termination for convenience under Schedule C (the “Equifax Direct Damages Cap”). The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the “Direct Damages Caps”. * Information omitted pursuant to a confidential treatment request under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the SEC.

Liability Caps. (a) Except as provided in Section *, the The liability of IBM and its Affiliates ISSC to Equifax and its Affiliates under this Agreement Flagstar arising out of or resulting from the performance or non-performance of IBM and/or ISSC and its Affiliates and/or subcontractors of the Services and its obligations under this Agreement shall be limited in the aggregate for all claims, causes of action or occurrences: (ia) to "Direct Damages Damages" incurred by Equifax and its Affiliates equal to the charges paid by Equifax Flagstar for the Services in the affected country during the * immediately prior to the first each event which is the subject matter of the first a claim or if * have cause of action with a liability cap for each such event which is not elapsed in declared by Flagstar as the term basis for its termination of this Agreement at pursuant to Section 10.3(a) Cause or (e) Bankruptcy, equal to the time of actual charges to Flagstar for the Services during the three (3) calendar months immediately following each such event, which damages in the aggregate shall not exceed the charges to Flagstar for the Services set forth in the Supplement during the twenty-four (24) months immediately following the first such event or if there are not twenty-four (24) months left in the Term after the first such event, the estimated charges to Equifax Flagstar for the Services in the affected country set forth in Schedule C (Charges) the Supplement during the first * last twenty-four (24) months of the Term Term; and (“IBM b) to the "Direct Damages Cap”); and (ii) in Damages" incurred by Flagstar for the event Equifax claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are declared by Flagstar as the basis for and result in Equifax’s its termination of this Agreement pursuant to Section 12.1(a10.3(a) for cause Cause or Section 12.1(e(e) for Bankruptcy, with a liability cap for such event(s) and termination equal to the * operates actual charges to preclude Equifax’s recovery Flagstar for the Services during the twelve (12) month period immediately preceding such event(s) or if twelve (12) months of *, then * shall be entitled to recover an *, the Term have not to exceed * of *, which amount shall be applied only toward *. (b) Except as provided in Section *elapsed, the charges to Flagstar for the Services set forth in the Supplement for the first twelve (12) months of the Term (the "ISSC Direct Damages Cap"). The liability of Equifax Flagstar to IBM ISSC arising out of or resulting from the performance and non-performance of its obligations in each country under this Agreement shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax Flagstar upon a termination for convenience Convenience under Schedule C Section 10.5(b) (the “Equifax "Flagstar Direct Damages Cap”"). The IBM ISSC Direct Damages Cap and the Equifax Flagstar Direct Damages Cap are herein collectively called the “"Direct Damages Caps”. * Information omitted pursuant to a confidential treatment request under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the SEC".

Liability Caps. (a) Except as provided in Section *SECTION 13.2, the liability of IBM and its Affiliates to Equifax and its Affiliates under this Agreement each Transaction Document arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: (i) to Direct Damages incurred by Equifax and its Affiliates equal to the charges paid by Equifax for the Services set forth in the affected country supplement to such Transaction Document during the * twelve (12) calendar months immediately prior to the first event which is the subject of the first claim or if * twelve (12) months have not elapsed in the term of this Agreement such Transaction Document at the time of the first such event, the estimated charges to Equifax for the Services in the affected country set forth in Schedule C (Charges) such Supplement during the first * twelve (12) months of the Term term of such Transaction Document (“"IBM Direct Damages Cap”"); and (ii) in the event Equifax claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in Equifax’s 's termination of this the Agreement or any Transaction Document pursuant to Section SECTION 12.1(a) for cause or Section 12.1(eFOR CAUSE OR (e) for BankruptcyFOR BANKRUPTCY, and the * IBM Direct Damages Cap operates to preclude Equifax’s 's recovery of *its full amount of Transition Cover Costs, then * Equifax shall be entitled to recover an *additional amount from IBM, not to exceed * fifty percent (50%) of *the Direct Damages Cap, which amount shall be applied only toward *such unrecovered Transition Cover Costs. (b) Except as provided in Section *SECTION 13.2, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations in under each country Transaction Document shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax upon a termination of such Transaction Document for convenience under Schedule C SECTION 12.3(a) (the “Equifax Direct Damages Cap”"EQUIFAX DIRECT DAMAGES CAP"). The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the “Direct Damages Caps”. * Information omitted pursuant to a confidential treatment request under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the SEC"DIRECT DAMAGES CAPS".

Liability Caps. (a) Except as provided in Section *, the liability of IBM and its Affiliates to Equifax and its Affiliates under this Agreement arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations shall be limited in the aggregate for all claims, causes of action or occurrences: (i) to Direct Damages incurred by Equifax and its Affiliates equal to the charges paid by Equifax for the Services in the affected country during the * immediately prior to the first event which is the subject of the first claim or if * have not elapsed in the term of this Agreement at the time of the first such event, the estimated charges to Equifax for the Services in the affected country set forth in Schedule C (Charges) during the first * of the Term (“"IBM Direct Damages Cap”"); and (ii) in the event Equifax claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in Equifax’s 's termination of this Agreement pursuant to Section 12.1(a) for cause or Section 12.1(e) for Bankruptcy, and the * operates to preclude Equifax’s 's recovery of *, then * shall be entitled to recover an *, not to exceed * of *, which amount shall be applied only toward *. (b) Except as provided in Section *, the liability of Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations in each country shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax upon a termination for convenience under Schedule C (the “"Equifax Direct Damages Cap”"). The IBM Direct Damages Cap and the Equifax Direct Damages Cap are herein collectively called the “"Direct Damages Caps”". * Information omitted deleted pursuant to a confidential treatment request under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the SECAct.

Liability Caps. (a) Except as provided in Section *13.2, the liability of IBM and its Affiliates to Equifax Certegy and its Affiliates under this Agreement each Transaction Document arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: (i1) to Direct Damages incurred by Equifax Certegy and its Affiliates equal to the charges paid by Equifax Certegy for the Services set forth in the affected country supplement to such Transaction Document during the * twelve (12) calendar months immediately prior to the first event which is the subject of the first claim or if * twelve (12) months have not elapsed in the term of this Agreement such Transaction Document at the time of the first such event, the estimated charges to Equifax Certegy for the Services in the affected country set forth in Schedule C (Charges) such Supplement during the first * twelve (12) months of the Term term of such Transaction Document (“"IBM Direct Damages Cap”"); and (ii2) in the event Equifax Certegy claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in Equifax’s Certegy's termination of this the Agreement or any Transaction Document pursuant to Section 12.1(a12.1 (a) for cause or Section 12.1(e(e) for Bankruptcy, and the * IBM Direct Damages Cap operates to preclude Equifax’s Certegy's recovery of *its full amount of Transition Cover Costs, then * Certegy shall be entitled to recover an *additional amount from IBM, not to exceed * fifty percent (50%) of *the Direct Damages Cap, which amount shall be applied only toward *such unrecovered Transition Cover Costs. (b) Except as provided in Section *13.2, the liability of Equifax Certegy to IBM arising out of or resulting from the performance and non-performance of its obligations in under each country Transaction Document shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax Certegy upon a termination of such Transaction Document for convenience under Schedule C Section 12.3(a) (the “Equifax "Certegy Direct Damages Cap”"). The IBM Direct Damages Cap and the Equifax Certegy Direct Damages Cap are herein collectively called the “"Direct Damages Caps”. * Information omitted pursuant to a confidential treatment request under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the SEC".

Liability Caps. (a) Except as provided in Section *13.2, the liability of IBM and its Affiliates to Equifax Certegy and its Affiliates under this Agreement each Transaction Document arising out of or resulting from the performance or non-performance of IBM and/or its Affiliates and/or subcontractors of the Services and its obligations under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: (i1) to Direct Damages incurred by Equifax Certegy and its Affiliates equal to the charges paid by Equifax Certegy for the Services set forth in the affected country supplement to such Transaction Document during the * twelve (12) calendar months immediately prior to the first event which is the subject of the first claim or if * twelve (12) months have not elapsed in the term of this Agreement such Transaction Document at the time of the first such event, the estimated charges to Equifax Certegy for the Services in the affected country set forth in Schedule C (Charges) such Supplement during the first * twelve (12) months of the Term term of such Transaction Document (“IBM Direct Damages Cap”); and (ii2) in the event Equifax Certegy claims Direct Damages for event(s) which are the subject matter of claim(s) or cause(s) of action which are the basis for and result in EquifaxCertegy’s termination of this the Agreement or any Transaction Document pursuant to Section 12.1(a12.1 (a) for cause or Section 12.1(e(e) for Bankruptcy, and the * IBM Direct Damages Cap operates to preclude EquifaxCertegy’s recovery of *its full amount of Transition Cover Costs, then * Certegy shall be entitled to recover an *additional amount from IBM, not to exceed * fifty percent (50%) of *the Direct Damages Cap, which amount shall be applied only toward *such unrecovered Transition Cover Costs. (b) Except as provided in Section *13.2, the liability of Equifax Certegy to IBM arising out of or resulting from the performance and non-performance of its obligations in under each country Transaction Document shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Equifax Certegy upon a termination of such Transaction Document for convenience under Schedule C Section 12.3(a) (the “Equifax Certegy Direct Damages Cap”). The IBM Direct Damages Cap and the Equifax Certegy Direct Damages Cap are herein collectively called the “Direct Damages Caps”. * Information omitted pursuant to a confidential treatment request under Rule 24b-2 of the Securities Exchange Act of 1934 and filed separately with the SEC.