Common use of LIMITATION OF LIABILITY; INSURANCE Clause in Contracts

LIMITATION OF LIABILITY; INSURANCE. 8.1 IN NO EVENT SHALL CLASSLINK, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL (INCLUDING LOST BUSINESS AND PROFITS) OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT AND/OR ANY SERVICES, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF CUSTOMER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.CLASSLINK, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR (A) THE COST OF COVER OF SUBSTITUTE SERVICES, OR (B) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, BUSINESS INTERRUPTION AND/OR THE LOSS, DELAY OR INABILITY TO USE ANY SERVICES. IN ALL EVENTS, CLASSLINK’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR CLAIMS RELATING TO THE AGREEMENTS AND ANY AND ALL SERVICES, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, IN TORT, STRICT LIABILITY, MISREPRESENTATIONS, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (Y) THE AMOUNT OF FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM, OR (Z) THE AMOUNTS PAID BY CLASSLINK’S INSURANCE COMPANY ON BEHALF OF CLASSLINK WITH RESPECT TO THE CLAIM. 8.2 During the term of the Contract, ClassLink will purchase and maintain Cyber Liability or Technology Professional Liability insurance in an aggregate amount no less than $1,000,000.00 (one million U.S. dollars). Upon request, a Certificate of Insurance shall be provided to Customer.

LIMITATION OF LIABILITY; INSURANCE. 8.1 IN NO EVENT SHALL CLASSLINK, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL (INCLUDING LOST BUSINESS AND PROFITS) OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT AND/OR ANY SERVICES, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF CUSTOMER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.CLASSLINK, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR (A) THE COST OF COVER OF SUBSTITUTE SERVICES, OR (B) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, BUSINESS INTERRUPTION AND/OR THE LOSS, DELAY OR INABILITY TO USE ANY SERVICES. IN ALL EVENTS, CLASSLINK’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR CLAIMS RELATING TO THE AGREEMENTS AND ANY AND ALL SERVICES, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, IN TORT, STRICT LIABILITY, MISREPRESENTATIONSMISPREPRESENTATIONS, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (Y) THE AMOUNT OF FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM, OR (Z) THE AMOUNTS PAID BY CLASSLINK’S INSURANCE COMPANY ON BEHALF OF CLASSLINK WITH RESPECT TO THE CLAIM. 8.2 During the term of the Contract, ClassLink will purchase and maintain Cyber Liability or Technology Professional Liability insurance in an aggregate amount no less than $1,000,000.00 (one million U.S. dollars). Upon request, a Certificate of Insurance shall be provided to Customer.

LIMITATION OF LIABILITY; INSURANCE. 8.1 12.1. IN NO EVENT SHALL CLASSLINK, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS GYTPOL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL (INCLUDING LOST BUSINESS AND PROFITS) OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT TO YOU AND/OR ANY SERVICESTHIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING) OR FOR LOSS OF PROFIT, LOSS OF USE, LOSS OF DATA, LOSS OF REVENUES, LOSS OF SAVINGS, BUSINESS INTERRUPTION, OR LOSS OF REPUTATION ARISING FROM ANY CLAIM RELATED TO THIS AGREEMENT OR TO THE SUBJECT MATTER HEREOF, OR RELATED TO YOUR USE AND/OR INABILITY TO USE THE SOFTWARE AS A SERVICE, OR AND/OR RELATED TO THE PROFESSIONAL SERVICES PROVIDED AND/OR TO THE SUPPORT SERVICES PROVIDED WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF CUSTOMER IS ADVISED NOT IT HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.CLASSLINK, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS LOSS OR DAMAGE AND DIRECTORS SHALL NOT BE LIABLE REGARDLESS OF THE THEORY OF LIABILITY. 12.2. THE MAXIMUM AGGREGATE LIABILITY OF GYTPOL FOR (A) ANY AND ALL LOSSES AND DAMAGES ARISING FROM THIS AGREEMENT OR FROM THE COST OF COVER OF SUBSTITUTE SERVICES, OR (B) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROMSUBJECT MATTER HEREOF, OR RELATED TO, BUSINESS INTERRUPTION TO YOUR USE AND/OR THE LOSS, DELAY OR INABILITY TO USE ANY SERVICES. IN ALL EVENTSTHE SOFTWARE AS A SERVICE, CLASSLINK’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER AND/OR ANY THIRD PARTY FOR CLAIMS RELATING RELATED TO THE AGREEMENTS PROFESSIONAL SERVICES PROVIDED AND/OR TO THE SUPPORT SERVICES PROVIDED WHETHER OR NOT GYTPOL HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND ANY AND ALL SERVICES, WHETHER FOR BREACH REGARDLESS OF CONTRACT, BREACH THE THEORY OF WARRANTY, IN TORT, STRICT LIABILITY, MISREPRESENTATIONS, OR OTHERWISE, LIABILITY SHALL NOT EXCEED THE GREATER OF (Y) THE AMOUNT OF FEES AMOUNTS ACTUALLY PAID BY CUSTOMER YOU FOR THE LICENSE DURING A TERM OF 12 MONTHS BEFORE THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING EVENT THAT GAVE RISE TO THE CLAIMCLAIM . 12.3. GYTPOL’S LICENSORS, AND GYTPOL’S AFFILIATES, ITS AND THEIR SHARHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES SHALL HAVE NO LIABILITY OF ANY KIND UNDER OR (Z) THE AMOUNTS PAID BY CLASSLINKIN CONNECTION WITH THIS AGREEMENT. GYTPOL’S INSURANCE COMPANY ON BEHALF LICENSORS, AND GYTPOL’S AFFILIATES, ITS AND THEIR SHARHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES ARE THIRD PARTY BENEFICIARIES OF CLASSLINK WITH RESPECT TO THE CLAIMTHIS LIMITATION OF LIABILITY. 8.2 During the term of the Contract, ClassLink will purchase and maintain Cyber Liability or Technology Professional Liability insurance in an aggregate amount no less than $1,000,000.00 (one million U.S. dollars). Upon request, a Certificate of Insurance shall be provided to Customer.