Common use of Limitation of liability - generally Clause in Contracts

Limitation of liability - generally. Where Uniti are permitted to exclude and or limit liability for any loss or damage in connection with a breach of the Australian Consumer Law or a Consumer Guarantee, or a breach of this Customer Service Agreement, or a breach of any other law, then notwithstanding any other provision in this Customer Service Agreement to the contrary, Uniti’s aggregate liability, arising out of or in connection with Uniti’s performance or non-performance under the Customer Service Agreement, whether under the law of contract, tort (including negligence), statute, equity or otherwise, shall be limited to the extent permissible by law to 5 times the monthly fee payable by you under this Customer Service Agreement or $1,000.00 whichever is the lesser sum.

Appears in 3 contracts

Samples: Customer Service Agreement, Customer Service Agreement, Customer Service Agreement

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Limitation of liability - generally. a) Where Uniti are permitted to exclude and or limit liability for any loss or damage in connection with a breach of the Australian Consumer Law or a Consumer Guarantee, or a breach of this Customer Service Agreement, or a breach of any other law, then notwithstanding any other provision in this Customer Service Agreement to the contrary, Uniti’s aggregate liability, arising out of or in connection with Uniti’s performance or non-performance under the Customer Service AgreementCSA, whether under the law of contract, tort (including negligence), statute, equity or otherwise, shall be limited to the extent permissible by law to 5 times the monthly fee payable by you You under this Customer Service Agreement CSA or $1,000.00 whichever is the lesser sum.

Appears in 1 contract

Samples: Customer Service Agreement

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