Common use of Liability Caps Clause in Contracts

Liability Caps. a) Except as provided in Section 13.2, the liability of IBM and its Affiliates to Certegy and its Affiliates under 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: 1) to Direct Damages incurred by Certegy and its Affiliates equal to the charges paid by Certegy for the Services set forth in the 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 such Transaction Document at the time of the first such event, the charges to Certegy for the Services set forth in such Supplement during the first twelve (12) months of the term of such Transaction Document ("IBM Direct Damages Cap"); and 2) in the event 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 Certegy's termination of the Agreement or any Transaction Document pursuant to Section 12.1 (a) for cause or (e) for Bankruptcy, and the IBM Direct Damages Cap operates to preclude 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 Certegy to IBM arising out of or resulting from the performance and non-performance of its obligations under each Transaction Document shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Certegy upon a termination of such Transaction Document for convenience under Section 12.3(a) (the "Certegy Direct Damages Cap"). The IBM Direct Damages Cap and the Certegy Direct Damages Cap are herein collectively called the "Direct Damages Caps".

Liability Caps. (a) Except as provided in Section 13.2*, the liability of IBM and its Affiliates to Certegy Equifax and its Affiliates under each Transaction Document 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 under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: 1(i) to Direct Damages incurred by Certegy Equifax and its Affiliates equal to the charges paid by Certegy Equifax for the Services set forth in the supplement to such Transaction Document affected country 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 such Transaction Document this Agreement at the time of the first such event, the estimated charges to Certegy Equifax for the Services in the affected country set forth in such Supplement Schedule C (Charges) during the first twelve (12) months * of the term of such Transaction Document Term ("IBM Direct Damages Cap"); and 2(ii) in the event Certegy 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 CertegyEquifax's termination of the this Agreement or any Transaction Document pursuant to Section 12.1 (a12.1(a) for cause or (eSection 12.1(e) for Bankruptcy, and the IBM Direct Damages Cap * operates to preclude CertegyEquifax'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 Certegy Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations under in each Transaction Document country shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Certegy Equifax upon a termination of such Transaction Document for convenience under Section 12.3(a) Schedule C (the "Certegy Equifax Direct Damages Cap"). The IBM Direct Damages Cap and the Certegy Equifax Direct Damages Cap are herein collectively called the "Direct Damages Caps". * Information deleted pursuant to Rule 24b-2 of the Exchange Act.

Liability Caps. (a) Except as provided in Section 13.2*, the liability of IBM and its Affiliates to Certegy Equifax and its Affiliates under each Transaction Document 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 under such Transaction Document shall be limited in the aggregate for all claims, causes of action or occurrences: 1(i) to Direct Damages incurred by Certegy Equifax and its Affiliates equal to the charges paid by Certegy Equifax for the Services set forth in the supplement to such Transaction Document affected country 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 such Transaction Document this Agreement at the time of the first such event, the estimated charges to Certegy Equifax for the Services in the affected country set forth in such Supplement Schedule C (Charges) during the first twelve (12) months * of the term of such Transaction Document Term ("“IBM Direct Damages Cap"”); and 2(ii) in the event Certegy 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 Certegy's Equifax’s termination of the this Agreement or any Transaction Document pursuant to Section 12.1 (a12.1(a) for cause or (eSection 12.1(e) for Bankruptcy, and the IBM Direct Damages Cap * operates to preclude Certegy's Equifax’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 Certegy Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations under in each Transaction Document country shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Certegy Equifax upon a termination of such Transaction Document for convenience under Section 12.3(a) Schedule C (the "Certegy “Equifax Direct Damages Cap"”). The IBM Direct Damages Cap and the Certegy 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 SECTION 13.2, the liability of IBM and its Affiliates to Certegy Equifax and its Affiliates under 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: 1(i) to Direct Damages incurred by Certegy Equifax and its Affiliates equal to the charges paid by Certegy Equifax for the Services set forth in the 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 such Transaction Document at the time of the first such event, the charges to Certegy Equifax for the Services set forth in such Supplement during the first twelve (12) months of the term of such Transaction Document ("IBM Direct Damages Cap"); and 2(ii) in the event Certegy 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 CertegyEquifax's termination of the Agreement or any Transaction Document pursuant to Section 12.1 (aSECTION 12.1(a) for cause or FOR CAUSE OR (e) for BankruptcyFOR BANKRUPTCY, and the IBM Direct Damages Cap operates to preclude CertegyEquifax's recovery of its full amount of Transition Cover Costs, then Certegy 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 Certegy Equifax to IBM arising out of or resulting from the performance and non-performance of its obligations under each Transaction Document shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Certegy Equifax upon a termination of such Transaction Document for convenience under Section SECTION 12.3(a) (the "Certegy Direct Damages CapEQUIFAX DIRECT DAMAGES CAP"). The IBM Direct Damages Cap and the Certegy Equifax Direct Damages Cap are herein collectively called the "Direct Damages CapsDIRECT DAMAGES CAPS".

Liability Caps. a) Except as provided in Section 13.2, the liability of IBM and its Affiliates to Certegy and its Affiliates under 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: 1) to Direct Damages incurred by Certegy and its Affiliates equal to the charges paid by Certegy for the Services set forth in the 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 such Transaction Document at the time of the first such event, the charges to Certegy for the Services set forth in such Supplement during the first twelve (12) months of the term of such Transaction Document ("“IBM Direct Damages Cap"”); and 2) in the event 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 Certegy's ’s termination of the Agreement or any Transaction Document pursuant to Section 12.1 (a) for cause or (e) for Bankruptcy, and the IBM Direct Damages Cap operates to preclude Certegy's ’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 Certegy to IBM arising out of or resulting from the performance and non-performance of its obligations under each Transaction Document shall be limited in all cases to Direct Damages which in the aggregate shall not exceed the amounts payable by Certegy upon a termination of such Transaction Document for convenience under Section 12.3(a) (the "“Certegy Direct Damages Cap"”). The IBM Direct Damages Cap and the Certegy Direct Damages Cap are herein collectively called the "“Direct Damages Caps"”.