LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 12.1 Nothing in this Agreement shall exclude or limit Activ’s liability for:
12.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
12.1.2 fraud or fraudulent misrepresentation;
12.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Xxx 0000 (title and quiet possession);
12.1.4 breach of the terms implied by section 12 of the Sale of Goods Xxx 0000 (title and quiet possession);
12.1.5 for defective products under the Consumer Protection Xxx 0000 (if applicable); or
12.1.6 for any other liability which cannot be excluded or limited under applicable law.
12.2 Subject to Clauses 12.1 and 12.3, Activ’s total liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed a total aggregate amount equal to 100% of the Charges paid to Activ by the Customer pursuant to this Agreement for the particular Product or Service giving rise to the claim, in the period of 12 calendar months immediately preceding the date on which the cause of action arose.
12.3 Subject to Clause 12.1, Activ shall not in any circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of contracts, loss of business or business opportunities, loss of production, loss of turnover or revenue, loss of availability, any loss or corruption (whether direct or indirect) of data or information provided by the Customer, loss of anticipated savings, wasted expenditure, loss of reputation, loss of goodwill or loss of use suffered or incurred directly or indirectly by the Customer, or for any consequential, indirect or special loss or damage howsoever arising and of whatsoever nature (even if Activ had been advised of the possibility of the Customer incurring the same) or any punitive or exemplary damages.
12.4 The terms implied by sections 13 to 15 of the Sale of Products Xxx 0000 and the terms implied by sections 3 to 5 of the Supply of Products and Services Xxx 0000 are, to the fullest extent permitted by law, excluded from this Agreement.
12.5 Nothing in this Clause 12 shall affect or limit the Customer’s obligation to pay Charges properly due under this Agreement.
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 10.1 The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange, and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
10.2 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.3 Nothing in this clause 10 shall limit the Customer's payment obligations under the Contract.
10.4 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
10.4.1 death or personal injury caused by negligence; or
10.4.2 fraud or fraudulent misrepresentation.
10.5 Subject to clause 10.4 (Liabilities which cannot legally be limited), the Supplier's maximum liability to the Customer for any and all loss, damage, claims or series of claims arising out of or in connection with this Contract shall not exceed the aggregate value of the Goods purchased by the Customer from the Supplier, which are giving rise to the specific liability or claim.
10.6 Subject to clause 10.3 (No limitation of customer's payment obligations) and clause
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 8.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
8.2 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.3 Subject to clause 8.2, the Supplier’s total liability to the Customer shall not exceed £5,000,000 The Supplier’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.
8.4 This clause 8.7 sets out specific heads of excluded loss [and exceptions from them:
(a) Subject to clause 8.2, the types of loss listed in clause 8.4(c) are wholly excluded by the parties, but the types of loss and specific losses listed in clause 8.4(d) are not excluded.
(b) If any loss falls into one or more of the categories in clause 8.4(c) and also falls into a category, or is specified, in clause 8.4(d), then it is not excluded.
(c) The following types of loss are wholly excluded:
o (i) Loss of profits o (ii) Loss of sales or business. o (iii) Loss of agreements or contracts. o (iv) Loss of anticipated savings. o (v) Loss of use or corruption of software, data or information. o (vi) Loss of or damage to goodwill.
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 9.1 Nothing in this agreement limits or excludes the Supplier's liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
9.2 The Supplier undertakes to exercise reasonable skill and care in performing the Services, and shall be liable only for negligent failure in performing the Services.
9.3 Subject to clause 9.1, the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:
(a) loss of profits;
(b) loss of sales or business; (c)loss of agreements or contracts;
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 14.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(e) defective products under the Consumer Protection Act 1987.
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. (ww) This clause 12 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents, licensors, consultants and subcontractors) to the Customer in respect of:
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 11.1 Nothing in these Conditions will limit or exclude a Party’s liability for:
(a) death or personal injury caused by its gross negligence, or the negligence of its employees, agents or subcontractors under or in connection with this contract;
(b) fraud, fraudulent misrepresentation or wilful default; or
(c) where such limitation or exclusion would contravene applicable laws.
11.2 Subject to clause 11.1 and except for liability in respect of breaches of third-party Intellectual Property Rights (clauses 10.5) and Confidentiality (clause 13):
(a) neither Party will be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, or indirect or consequential loss, costs, damages, charges or expenses arising under or in connection with the Contract; and
(b) the total liability of either Party under this Contract will in no circumstances exceed the Charges paid by the Customer to the Supplier in the 12 months preceding the event or occurrence out of which the liability arose.
11.3 The Supplier will have no liability to the Customer in respect of:
(a) the performance, capability or functionality of any third-party computer system; or
(b) to the extent relevant, any failure of any third party to accept any Customer Data processed by the Platform, except where the Supplier is in default of the Contract.
11.4 This clause 11 will continue in full force and effect for 3 years following the Termination Date of the Contract.
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 11.1 References to liability in this clause 11 include every kind of liability arising under or in connection with the Agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 Nothing in this clause 11 shall limit the Customer's payment obligations under the Agreement.
11.3 Nothing in the Agreement limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
11.4 Subject to clause 11.3, Health Xxxxxx's total liability to the Customer:
11.4.1 for loss arising from Health Xxxxxx's failure to comply with its obligations under clause 10 shall not exceed £1,000,000; and
11.4.2 for all other loss or damage shall be as set out in clause 11.5.
11.5 Subject to clause 11.4.1 and clause 11.3, Health Shield’s total liability to the Customer in respect of all breaches of or claims under this Agreement occurring within any agreement year shall not exceed the cap. In this clause 11.5:
11.5.1 the cap is an amount equal to the total charges in the agreement year in which the breach or circumstances giving rise to the claim occurred;
11.5.2 an agreement year means a 12-month period commencing with the Plan Commencement Date and any anniversary of it; and
11.5.3 the total charges means all Plan Costs actually paid by the Customer under this Agreement to Health Shield in respect of the Plan.
11.6 Subject clause 11.2 and clause 11.3, neither party shall be liable for any indirect or consequential or special loss whether in contract, tort, breach or statutory duty or otherwise under or in connection with this Agreement.
11.7 Unless the Customer notifies Health Shield that it intends to make a claim in respect of an event within the notice period, Health Shield shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
11.8 Except as expressly stated in this Agreement, and subject to clause 11.3, all warranties, guarantees and conditions, whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
11.9 This clause 11 shall survive termination of the Agreement.
11.1...
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 11.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding the value of cover available under the Supplier’s insurance policies from time to time in place, per claim, as set out in clause 11.
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 11.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding the value of cover available under the Supplier’s insurance policies from time to time in place, per claim, as set out in clause11.6. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
11.2 References to liability in this clause 11 include every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.3 Neither party may benefit from the limitations and exclusions set out in this clause 11 in respect of any liability arising from its deliberate default.
11.4 Nothing in this this clause 11 shall limit the Customer's payment obligations under this Agreement.
11.5 Nothing in this agreement limits any liability which cannot legally be limited, including liability for:
11.5.1 death or personal injury caused by negligence;
11.5.2 fraud or fraudulent misrepresentation; and
11.5.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.6 Subject to clause 11.3 (no limitations in respect of deliberate default) and clause 11.5 (liabilities which cannot legally be limited), the Supplier's total liability to the Customer:
11.6.1 for damage to equipment, property or software at the Performance Location caused by the negligence of the Supplier’s employees and agents in connection with this agreement shall not exceed £5,000,000.00 for any one event or series of connected events
11.6.2 for negligence of the Supplier’s employees or agents responsible for delivering the Services, which causes damage to the business operations (but excluding those losses contained in clause 11.9) or systems of the Customer, the sum of £5,000,000.00 for any one event or series of connected events;
11.6.3 for loss arising from the Supplier's failure to comply with its obligations under clause 10 (Data Protection) or in respect of a breach of Data Protection Legislation generally, shall not exceed £5,000,000.00 for any one event or series of connected events; and
11.6.4 for all other loss or damage which does not fall within subclauses 11.6.1, 11.6.2 and
