Common use of Limitation of Liability; Damages Clause in Contracts

Limitation of Liability; Damages. 13.1 Clause 13 and its sub-clauses set out SSLP Group Ltd’s entire liability to the Client in respect of the software or the Client’s use of the software or which may otherwise arise out of this agreement (including any liability for the acts and omissions of SSLP Group Ltd’s employees, agents and subcontractors) and the Client’s liability to SSLP Group Ltd. The Client’s attention is particularly drawn to the provisions of this clause. 13.2 Neither party's liability to the other for fraud or fraudulent misrepresentation or death or personal injury arising from the negligence of that party or its employees shall be limited. 13.3 SSLP Group Ltd shall not be liable to the Client in any event for any loss, costs, expenses, damage or claims (whether direct or indirect and whether arising out of contract, tort (including negligence) or otherwise at law or in equity) which arise in relation to this Agreement and as a result of any of the following circumstances: 13.3.1 improper use, operation or neglect of the Software or any equipment upon which it is installed or in relation to which it is used (other than by SSLP Group Ltd); or 13.3.2 the Software has not been maintained by the Client strictly in accordance with the Program Documentation or has been maintained other than by SSLP Group Ltd; or 13.3.3 the Software has been used by the Client and/or the Subcontractor in any unauthorised or unlicensed manner or other than as described in the Program Documentation or other instructions of SSLP Group Ltd; or 13.3.4 the Software has been damaged, adapted or modified in any way or interfaced (other than in accordance with the Program Documentation) with any other software (other than by SSLP Group Ltd); or 13.3.5 any breach by the Client of its obligations under this Agreement, or any failure by the Client promptly to install or otherwise use the Current Release of the Software; or 13.3.6 the failure by the Client to implement any update, upgrade or recommendation in respect of or solutions to errors previously advised by SSLP Group Ltd; or 13.3.7 a fault in Client or third-party software or applications or any upgrade or new release in respect thereof; or 13.3.8 a fault in the equipment or in any other software operating in conjunction with or integrating with the Software; or 13.3.9 the act or omission of any operator of the Software. 13.4 Subject to clause 13.2 and clause 13.3, the Client’s sole remedy with respect to any claims arising out of this Agreement shall be limited to SSLP Group Ltd PI cover of £2m and/or Cyber Security Cover of £2m. The Client shall not be liable to SSLP for any loss, costs, expenses, damage or claims (whether direct or indirect and whether arising out of contract, tort (including negligence) or otherwise at law or in equity) whatsoever, which arise in relation to this Agreement except for the application of Clause 7.7. For the avoidance of doubt any application of Clause 13.3 does not give the Client the right to not pay for the Services being provided by SSLP Group Ltd as set out in the Schedule on Page 2 of this Agreement. 13.5 Subject to clause 13.2, 13.3 and 13.4, SSLP Group Ltd shall not be liable to the Client in any event whatsoever for any; 13.5.1 processing errors; 13.5.2 loss of profits 13.5.3 loss of business or custom, 13.5.4 loss of revenue, 13.5.5 loss of anticipated savings, 13.5.6 loss of goodwill, 13.5.7 corruption or loss of data 13.5.8 loss of contracts; (whether of any the losses set out in 13.5.1 to 13.5.8 are direct or indirect); or 13.5.9 any type of special, indirect, economic or consequential loss (including any special, indirect, economic or consequential loss that may be included in sub clauses 13.5.1 to 13.5.8 or loss or damage suffered by the Client as a result of any claims brought by a third party) even if such loss was reasonably foreseeable or SSLP Group Ltd had been advised of the possibility of the Client incurring the same. 13.6 The parties acknowledge that: 13.6.1 the specification of the duties of SSLP Group Ltd as contained in the terms and conditions of this Agreement accord with the expectations of the parties and are fair and reasonable; and 13.6.2 some limitation of liability is to be expected; and 13.6.3 the limitation of liability for breach of the duties specified is fair and reasonable in the light of the fees payable under this Agreement, the nature of the products and services to be provided and the special provisions for remedying any defects in supply inherent in this commercial context. 13.7 Nothing in this Agreement shall confer any right or remedy upon the Client to which it would not normally be legally entitled.

Limitation of Liability; Damages. 13.1 Clause 13 and its sub-clauses set This clause sets out SSLP Group Ltd’s entire liability to the Client in respect of the software or the Client’s 's use of the software or which may otherwise arise out of this agreement (including any liability for the acts and omissions of SSLP Group Ltd’s employees, agents and subcontractors) and the Client’s liability to SSLP Group Ltd. The Client’s 's attention is particularly drawn to the provisions of this clause. 13.2 Neither party's liability to the other for fraud or fraudulent misrepresentation or death or personal injury arising from the negligence of that party or its employees shall be limited. 13.3 SSLP Group Ltd shall not be liable to the Client in any event for any loss, costs, expenses, damage or claims (whether direct or indirect and whether arising out of contract, tort (including negligence) or otherwise at law or in equity) which arise in relation to this Agreement and as a result of any of the following circumstances: 13.3.1 improper use, operation or neglect of the Software or any equipment upon which it is installed or in relation to which it is used (other than by SSLP Group Ltd); or 13.3.2 the Software has not been maintained by the Client strictly in accordance with the Program Documentation or has been maintained other than by SSLP Group Ltd; or 13.3.3 the Software has been used by the Client and/or the Subcontractor in any unauthorised or unlicensed manner or other than as described in the Program Documentation or other instructions of SSLP Group Ltd; or 13.3.4 the Software has been damaged, adapted or modified in any way or interfaced (other than in accordance with the Program Documentation) with any other software (other than by SSLP Group Ltd); or 13.3.5 any breach by the Client of its obligations under this Agreement, or any failure by the Client promptly to install or otherwise use the Current Release of the Software; or 13.3.6 the failure by the Client to implement any update, upgrade or recommendation in respect of or solutions to errors previously advised by SSLP Group Ltd; or 13.3.7 a fault in Client or third-party software or applications or any upgrade or new release in respect thereof; or 13.3.8 a fault in the equipment or in any other software operating in conjunction with or integrating with the Software; or 13.3.9 the act or omission of any operator of the Software. 13.4 Subject to clause 13.2 13.2, and in addition to clause 13.3, the Client’s sole remedy with respect to any claims arising out of this Agreement shall be limited to SSLP Group Ltd PI cover of £2m and/or Cyber Security Cover of £2m. The Client shall not be liable to SSLP for any loss, costs, expenses, damage or claims (whether direct or indirect and whether arising out of contract, tort (including negligence) or otherwise at law or in equity) whatsoever, which arise in relation to this Agreement except for the application of Clause 7.7. For the avoidance of doubt any application of Clause 13.3 does not give the Client the right to not pay for the Services being provided by SSLP Group Ltd as set out in the Schedule on Page 2 of this Agreement. 13.5 Subject to clause 13.2, 13.3 and in addition to clause 13.3, and 13.4, SSLP Group Ltd shall not be liable to the Client in any event whatsoever for any; 13.5.1 processing errors; 13.5.2 loss of profits 13.5.3 loss of business or custom, 13.5.4 loss of revenue, 13.5.5 loss of anticipated savings, 13.5.6 loss of goodwill, 13.5.7 corruption or loss of data 13.5.8 loss of contracts; (whether of any the losses set out in 13.5.1 to 13.5.8 are direct or indirect); or 13.5.9 any type of special, indirect, economic or consequential loss (including any special, indirect, economic or consequential loss that may be included in sub clauses 13.5.1 to 13.5.8 or loss or damage suffered by the Client as a result of any claims brought by a third party) even if such loss was reasonably foreseeable or SSLP Group Ltd had been advised of the possibility of the Client incurring the same. 13.6 The parties acknowledge that: 13.6.1 the specification of the duties of SSLP Group Ltd as contained in the terms and conditions of this Agreement accord with the expectations of the parties and are fair and reasonable; and 13.6.2 some limitation of liability is to be expected; and 13.6.3 the limitation of liability for breach of the duties specified is fair and reasonable in the light of the fees payable under this Agreement, the nature of the products and services to be provided and the special provisions for remedying any defects in supply inherent in this commercial context. 13.7 Nothing in this Agreement shall confer any right or remedy upon the Client to which it would not normally be legally entitled.

Limitation of Liability; Damages. 13.1 Clause 13 and its sub-clauses set out SSLP Group Ltd’s entire liability to the Client in respect of the software or the Client’s use of the software or which may otherwise arise out of this agreement (including any liability for the acts and omissions of SSLP Group Ltd’s employees, agents and subcontractors) and the Client’s liability to SSLP Group Ltd. The Client’s attention is particularly drawn to the provisions of this clause. 13.2 Neither party's liability to the other for fraud or fraudulent misrepresentation or death or personal injury arising from the negligence of that party or its employees shall be limited. 13.3 SSLP Group Ltd shall not be liable to the Client in any event for any loss, costs, expenses, damage or claims (whether direct or indirect and whether arising out of contract, tort (including negligence) or otherwise at law or in equity) which arise in relation to this Agreement and as a result of any of the following circumstances: 13.3.1 improper use, operation or neglect of the Software or any equipment upon which it is installed or in relation to which it is used (other than by SSLP Group Ltd); or 13.3.2 the Software has not been maintained by the Client strictly in accordance with the Program Documentation or has been maintained other than by SSLP Group Ltd; or 13.3.3 the Software has been used by the Client and/or the Subcontractor in any unauthorised or unlicensed manner or other than as described in the Program Documentation or other instructions of SSLP Group Ltd; or 13.3.4 the Software has been damaged, adapted or modified in any way or interfaced (other than in accordance with the Program Documentation) with any other software (other than by SSLP Group Ltd); or 13.3.5 any breach by the Client of its obligations under this Agreement, or any failure by the Client promptly to install or otherwise use the Current Release of the Software; or 13.3.6 the failure by the Client to implement any update, upgrade or recommendation in respect of or solutions to errors previously advised by SSLP Group Ltd; or 13.3.7 a fault in Client or third-party software or applications or any upgrade or new release in respect thereof; or 13.3.8 a fault in the equipment or in any other software operating in conjunction with or integrating with the Software; or 13.3.9 the act or omission of any operator of the Software. 13.4 Subject to clause 13.2 13.2, and in addition to clause 13.3, the Client’s sole remedy with respect to any claims arising out of this Agreement shall be limited to SSLP Group Ltd PI cover of £2m and/or Cyber Security Cover of £2m. The Client shall not be liable to SSLP for any loss, costs, expenses, damage or claims (whether direct or indirect and whether arising out of contract, tort (including negligence) or otherwise at law or in equity) whatsoever, which arise in relation to this Agreement except for the application of Clause 7.7. For the avoidance of doubt any application of Clause 13.3 does not give the Client the right to not pay for the Services being provided by SSLP Group Ltd as set out in the Schedule on Page 2 of this Agreement. 13.5 Subject to clause 13.2, 13.3 and 13.4, SSLP Group Ltd shall not be liable to the Client in any event whatsoever for any; 13.5.1 processing errors; 13.5.2 loss of profits 13.5.3 loss of business or custom, 13.5.4 loss of revenue, 13.5.5 loss of anticipated savings, 13.5.6 loss of goodwill, 13.5.7 corruption or loss of data 13.5.8 loss of contracts; (whether of any the losses set out in 13.5.1 to 13.5.8 are direct or indirect); or 13.5.9 any type of special, indirect, economic or consequential loss (including any special, indirect, economic or consequential loss that may be included in sub clauses 13.5.1 to 13.5.8 or loss or damage suffered by the Client as a result of any claims brought by a third party) even if such loss was reasonably foreseeable or SSLP Group Ltd had been advised of the possibility of the Client incurring the same. 13.6 The parties acknowledge that: 13.6.1 the specification of the duties of SSLP Group Ltd as contained in the terms and conditions of this Agreement accord with the expectations of the parties and are fair and reasonable; and 13.6.2 some limitation of liability is to be expected; and 13.6.3 the limitation of liability for breach of the duties specified is fair and reasonable in the light of the fees payable under this Agreement, the nature of the products and services to be provided and the special provisions for remedying any defects in supply inherent in this commercial context. 13.7 Nothing in this Agreement shall confer any right or remedy upon the Client to which it would not normally be legally entitled.