Common use of Liability & Indemnity Clause in Contracts

Liability & Indemnity. 4.1 Except as provided in clause 4.3, the aggregate liability of Xxxxxxx LDP to the Client, whether under contract, tort (including, without limitation, negligence), statute or otherwise, arising out of or in connection with these Terms shall be limited to the Charges paid by the Client in the last Financial or Academic Year as appropriate. 4.2 Neither Party shall be liable to the other for any consequential, special or indirect losses and/or any and all loss of profit or anticipated profit, loss of product, loss of business, loss of production, loss of use or loss of efficiency, loss of revenue howsoever the same may be caused by, including without limitation, the fault, breach of contract, tort (including negligence), strict liability or otherwise of Xxxxxxx LDP or the Client as the case may be. 4.3 Nothing in this clause shall exclude or limit either Party’s liability to each other for death or personal injury; or fraud or fraudulent misrepresentation or any liability which cannot be excluded under applicable law.

Liability & Indemnity. 4.1 Except as provided in clause 4.3, the aggregate liability of Xxxxxxx LDP Devon County Council to the Client, whether under contract, tort (including, without limitation, negligence), statute or otherwise, arising out of or in connection inconnection with these Terms shall be limited to the Charges paid by the Client in the last Financial or Academic Year as appropriate. 4.2 Neither Party shall be liable to the other for any consequential, special or indirect losses and/or any and all loss of profit or anticipated profit, loss of product, loss of business, loss of production, ,loss of use or loss of efficiency, loss of revenue howsoever the same may be caused by, including without limitation, the fault, breach of contract, tort (including negligence), strict liability or otherwise of Xxxxxxx LDP Devon County Council or the Client as the case may be. 4.3 Nothing in this clause shall exclude or limit either Party’s liability to each other for death or personal injury; or fraud or fraudulent misrepresentation or any liability which cannot be excluded under applicable law.

Liability & Indemnity. 4.1 4.1. Except as provided in clause 4.3, the aggregate liability of Xxxxxxx LDP Devon County Council to the Client, whether under contract, tort (including, without limitation, negligence), statute or otherwise, arising out of or in connection with these Terms shall be limited to the Charges paid by the Client in the last Financial or Academic Year as appropriate. 4.2 4.2. Neither Party shall be liable to the other for any consequential, special or indirect losses and/or any and all loss of profit or anticipated profit, loss of product, loss of business, loss of production, loss of use or loss of efficiency, loss of revenue howsoever the same may be caused by, including without limitation, the fault, breach of contract, tort (including negligence), strict liability or otherwise of Xxxxxxx LDP Devon County Council or the Client as the case may be. 4.3 4.3. Nothing in this clause shall exclude or limit either Party’s liability to each other for death or personal injury; or fraud or fraudulent misrepresentation or any liability which cannot be excluded under applicable law.