Common use of LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES Clause in Contracts

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 12.1. Sysnet’s aggregate liability to Client, regardless of theory of liability, for all claims, damages, costs, losses expenses and other amounts arising out of or relating to this Agreement or the Services (collectively “Loss”) shall not exceed the fees paid to Sysnet by Client in the twelve months preceding the date of the event giving rise to such claim. Notwithstanding the forgoing, any liability in respect of fraud, fraudulent misrepresentation, personal injury or death caused by Sysnet’s gross negligence, recklessness or wilful misconduct shall not be limited or excluded.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 12.1. SysnetXxxxxx’s aggregate liability to Client, regardless of theory of liability, for all claims, damages, costs, losses expenses and other amounts arising out of or relating to this Agreement or the Services (collectively “Loss”) shall not exceed the fees paid to Sysnet by Client in the twelve months preceding the date of the event giving rise to such claim. Notwithstanding the forgoing, any liability in respect of fraud, fraudulent misrepresentation, personal injury or death caused by SysnetXxxxxx’s gross negligence, recklessness or wilful misconduct shall not be limited or excluded.