Common use of LIABILTY OF THE PARTIES Clause in Contracts

LIABILTY OF THE PARTIES. 10.1 The following sets out the entire financial liability of CEM to the Client in respect of any breach by CEM of this Agreement, non-performance or incomplete performance or contemplated performance by CEM of this Agreement, negligence for which CEM is liable, and any representation or statement arising under or in connection with this Agreement or by or on behalf of CEM: (a) CEM shall in no circumstances be liable for any loss of profits, loss of business or production, depletion of goodwill, loss of or corruption to data, and/or any other indirect loss; and (b) in respect of all other losses and claims, the aggregate liability of CEM for any breach, negligence and/or liability arising in any other way out of the subject matter of this Agreement or the performance of the Assessment will not exceed in total the amounts actually received by CEM from the Client for the use of the Licence under this Agreement. 10.2 CEM will in no event be liable for any statement or representation about the Client, their business, products or services made or communicated in or by any item, material or work approved by the Client in writing. 10.3 For clarity, nothing in this Agreement limits or excludes either Party’s liability for death or personal injury caused by such Party’s negligence or any fraud or for any sort of liability that by law cannot be limited or excluded.

LIABILTY OF THE PARTIES. 10.1 9.1 The following sets out the entire financial liability of CEM to the Client in respect of any breach by CEM of this Agreement, non-performance or incomplete performance or contemplated performance by CEM of this Agreement, negligence for which CEM is liable, and any representation or statement arising under or in connection with this Agreement or by or on behalf of CEM: (a) CEM shall in no circumstances be liable for any loss of profits, loss of business or production, depletion of goodwill, loss of or corruption to data, and/or any other indirect loss; and (b) in respect of all other losses and claims, the aggregate liability of CEM for any breach, negligence and/or liability arising in any other way out of the subject matter of this Agreement or the performance of the Assessment will not exceed in total the amounts actually received by CEM from the Client for the use of the Licence under this Agreement. 10.2 9.2 CEM will in no event be liable for any statement or representation about the Client, their business, products or services made or communicated in or by any item, material or work approved by the Client in writing. 10.3 9.3 For clarity, nothing in this Agreement limits or excludes either Party’s liability for death or personal injury caused by such Party’s negligence or any fraud or for any sort of liability that by law cannot be limited or excluded.