Common use of LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE Clause in Contracts

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. 12.1 13.1 Nothing in this Agreement shall exclude or limit Activ’s the Contract limits any liability which cannot legally be limited, including but not limited to liability for: 12.1.1 (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; 12.1.2 (b) fraud or fraudulent misrepresentation;; and 12.1.3 (c) breach of the terms implied by section 12 of the Sale of Goods Xxx 0000 or 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 13.2 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 clause 13.1, (including negligence), breach of statutory duty or otherwise, a) the Supplier 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 any: (i) loss of profit, profits; (ii) loss of contracts, sales or business; (iii) loss of business agreements or business opportunities, loss of production, loss of turnover or revenue, loss of availability, any loss or corruption contracts; (whether direct or indirectiv) of data or information provided by the Customer, loss of anticipated savings, wasted expenditure, ; (v) loss of reputationor damage to goodwill; or (vi) indirect or consequential loss arising under or in connection with the Contract; (b) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, loss whether in contract, tort (including negligence), breach of goodwill statutory duty or loss otherwise shall in no circumstances exceed the greater of: (i) 125% of use suffered or incurred directly or indirectly the price paid 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 Customer to the Supplier in respect of the possibility Goods and Services provided by the Supplier; and (ii) £1,000,000 (one million pounds). 13.3 The Supplier has given commitments as to compliance of the Customer incurring Goods and Services with relevant specifications in clause 5 and clause 7. In view of these commitments, the same) or any punitive or exemplary damages. 12.4 The terms implied by sections 13 to 15 of the Sale of Products Goods Xxx 0000 and the terms implied by sections 3 to 3, 4 and 5 of the Supply of Products Goods and Services Xxx 0000 are, to the fullest extent permitted by law, excluded from this Agreementthe Contract. 12.5 Nothing 13.4 Unless the Customer notifies the Supplier that it intends to make a claim in this Clause 12 respect of an event within the notice period, the Supplier shall affect have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or limit ought reasonably to have become, aware of the Customer’s obligation to pay Charges properly due under this Agreementevent having occurred and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail. 13.5 This clause 13 shall survive termination of the Contract.

LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 12.1 9.1 Nothing in this Agreement shall exclude agreement limits or limit Activ’s excludes the Supplier's liability for: 12.1.1 (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; 12.1.2 (b) fraud or fraudulent misrepresentation;; or 12.1.3 (c) 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 ) or any other liability which cannot be limited or excluded or limited under by applicable law. 12.2 9.2 Subject to Clauses 12.1 and 12.3clause 9.1, 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 Supplier shall not in any circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty duty, or otherwise, for any arising under or in connection with this agreement for: (a) loss of profit, profits; (b) loss of contracts, sales or business; (c) loss of business agreements or business opportunities, loss of production, loss of turnover or revenue, loss of availability, any loss or corruption contracts; (whether direct or indirectd) of data or information provided by the Customer, loss of anticipated savings, wasted expenditure, ; (e) loss of reputation, loss of goodwill or damage to goodwill; (f) loss of use suffered or incurred directly corruption of software, data or indirectly by information; (g) any indirect or consequential loss. 9.3 Subject to clause 9.1 and clause 9.2, the Supplier's total liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or for otherwise, arising under or in connection with this agreement shall be limited to: (a) [£INSERT AMOUNT*] per claim; and (b) in respect of all claims (connected or unconnected) in any consequentialconsecutive 12 (twelve) month period, indirect or special loss or damage howsoever arising and of whatsoever nature (even if Activ had been advised the equivalent of the possibility of total charges paid by the Customer incurring in that period. *This clause seeks to limit the same) or supplier's aggregate liability under the contract to a pre-set financial amount, by capping the Supplier's liability per claim, and for all claims in any punitive or exemplary damagesone contract year. You should contact your insurers to discuss the types of loss in respect of which you might obtain insurance and the appropriate upper limits, and must also make sure that the limitation of liability clause does not invalidate your insurance cover. 12.4 9.4 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 Goods and Services Xxx 0000 are, to the fullest extent permitted by law, excluded from this Agreementagreement. 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. 12.1 Liability - Services are undertaken with reasonable skill and care, however vietec cannot guarantee the accuracy of any advice, design, or report. No liability shall accrue to vietec because of any defects in the delivery of the Services except if expressly provided below: • This clause sets out the entire financial liability of vietec (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the customer in respect of: • any breach of this agreement however arising. • any use made by the customer of the Services, the deliverables, or any part of them; and • any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement. • All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. • Nothing in this Agreement shall exclude agreement limits or limit Activ’s excludes the liability for: 12.1.1 of vietec: • for death or personal injury caused by resulting from its negligence, ; or the negligence of its employees, agents or subcontractors; 12.1.2 • fraud or fraudulent misrepresentation; 12.1.3 ; or • 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 Act 1982. • Subject to Clauses 12.1 the contrary provisions set out below: • vietec shall not under any circumstances whatsoever be liable for: o loss of profits; or o loss of business; or o depletion of goodwill and/or similar losses; or o loss of anticipated savings; or o loss of goods; or o loss of Contract; or o loss of use; or o loss of corruption of data or information; or o any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses; and 12.3, Activ’s o vietec 's total liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), negligence or breach of statutory duty duty), misrepresentation, restitution or otherwise, otherwise arising in connection with the performance or contemplated performance of this agreement shall in no all circumstances exceed a total aggregate amount equal be limited to 100% the price paid for the Services. vietec shall be entitled to terminate any Contract and suspend all or any Services, and on written notice to the customer shall be entitled to cancel the undelivered or unperformed portion of the Charges paid to Activ by Contract between vietec and the Customer pursuant to this Agreement for customer. The whole of the particular Product or Service giving rise to charges payable under the claim, in Contract shall be payable immediately. If 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, customer fails for any loss reason to meet their obligations under a Contract, the customer shall indemnify vietec against any loss, damage or other cost 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 whatsoever nature suffered or incurred directly by vietec. vietec shall not be in breach of this agreement nor liable for any failure or indirectly by delay in performance of any obligations under this agreement (and the Customertime for performance of the obligations shall be extended accordingly) arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following: • Acts of God, flood, earthquake, windstorm or other natural disaster; • epidemic or pandemic including without limitation COVID-19 (Coronavirus), SARS and any mutation or variation thereof or any similar virus or disease; • war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; • terrorist attack, civil war, civil commotion or riots; • nuclear, chemical or biological contamination or sonic boom; • any law or governmental order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent; • fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the party seeking to rely on this clause or companies in the same group as such party) or accidental damage; • loss at sea; • adverse weather conditions; • interruption or failure of utility service, including but not limited to electric power, gas or water; • any labour dispute, including but not limited to strikes, industrial action or lockouts; and • collapse of building structures, failure of plant machinery, machinery, computers or vehicles. If the Force Majeure Event prevails for a continuous period of more than 2 months, any party may terminate this agreement by giving 7 days written notice to all the other parties. On the expiry of this notice period, this agreement will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of this agreement occurring prior to such termination The customer accepts that they are best placed to know what information may be relevant in respect of their existing and anticipated infrastructure/circumstances. Where vietec suggests potential Products, or undertakes Services, vietec shall not be liable for any consequentialadvice, indirect conclusions or special loss reports which are erroneous or damage howsoever arising and of whatsoever nature (even if Activ had been advised incomplete as a result of the possibility customer’s failure to supply complete and accurate information. Payment - Unless otherwise agreed between the parties, invoices will be raised and dated by vietec on or after commencement 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 Services. Where both Products and Services Xxx 0000 areare supplied against the same Contract, a separate invoice may be raised for each of those two elements. The customer shall pay each invoice in full (subject to a bona fide dispute), together with any VAT at the appropriate rate and other expenses, by the Due Date. If the customer fails to pay any sums due by the Due Date or does not comply with an obligation under the Contract, then without prejudice to any other right or remedy available to vietec, vietec shall be entitled to withhold or suspend the supply of any Products and/or Services to the fullest customer until such payment is made or the customer complies with its obligations to vietec’s reasonable satisfaction. Each Party agrees with the other in respect of all confidential information; to keep the confidential information in strict confidence and secrecy. • Not to use the confidential information save for complying with its obligations under these terms: • Not to disclose the confidential information to a third party (except to the extent permitted compelled to by law); and • To restrict the disclosure of the relevant and necessary parts of the confidential information to such of its employees, excluded from this Agreement. 12.5 Nothing agents, subcontractors and others who of necessity need it in this Clause 12 shall affect the performance of their duties as envisaged by the Contract, and in those circumstances to ensure that those employees and others are aware of the confidential nature of the Confidential Information; provided however that where a part of the Confidential Information is already or limit becomes commonly known in the Customer’s obligation to pay Charges properly due trade (except through a breach of the obligations imposed under this Agreement.these Terms) then the foregoing obligations of confidentiality in:

LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 12.1 9.1 Nothing in this Agreement shall exclude agreement limits or limit Activ’s excludes the Supplier's liability for: 12.1.1 (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; 12.1.2 (b) fraud or fraudulent misrepresentation;; or 12.1.3 (c) 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 ) or any other liability which cannot be limited or excluded or limited under by applicable law. 12.2 9.2 Subject to Clauses 12.1 and 12.3clause 9.1, 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 Supplier shall not in any circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty duty, or otherwise, for any arising under or in connection with this agreement for: (a) loss of profit, profits; (b) loss of contracts, sales or business; (c) loss of business agreements or business opportunities, loss of production, loss of turnover or revenue, loss of availability, any loss or corruption contracts; (whether direct or indirectd) of data or information provided by the Customer, loss of anticipated savings, wasted expenditure, ; (e) loss of reputation, loss of goodwill or damage to goodwill; (f) loss of use suffered or incurred directly corruption of software, data or indirectly by information; (g) any indirect or consequential loss. 9.3 Subject to clause 9.1 and clause 9.2, the Supplier's total liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or for otherwise, arising under or in connection with this agreement shall be limited to: (a) £20,000,000 per claim; and (b) in respect of all claims (connected or unconnected) in any consequentialconsecutive 12 (twelve) month period, indirect or special loss or damage howsoever arising and of whatsoever nature (even if Activ had been advised the equivalent of the possibility of total charges paid by the Customer incurring in that period. *This clause seeks to limit the same) or supplier's aggregate liability under the contract to a pre-set financial amount, by capping the Supplier's liability per claim, and for all claims in any punitive or exemplary damages. 12.4 The terms implied by sections 13 one contract year. You should contact your insurers to 15 discuss the types of the Sale loss in respect of Products Xxx 0000 which you might obtain insurance and the terms implied by sections 3 to 5 appropriate upper limits, and must also make sure that the limitation of the Supply of Products and Services Xxx 0000 are, to the fullest extent permitted by law, excluded from this Agreementliability clause does not invalidate your insurance cover. 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. 12.1 13.1 Nothing in this Agreement these Terms shall limit or exclude or limit Activ’s Talisman Innovations' liability for: 12.1.1 13.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; 12.1.2 13.1.2 fraud or fraudulent misrepresentation; 12.1.3 13.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Xxx 0000 (title and quiet possession); 12.1.4 13.1.4 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 13.2 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, clause 13.1 Talisman Innovations shall in under 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 duty, or otherwise, for any any: loss of profit, ; loss of contracts, sales or business; loss of business agreements 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, contracts; loss of anticipated savings, wasted expenditure, ; loss of reputationor damage to goodwill; loss use or corruption of software, data or information; or any indirect or consequential loss arising under or in connection with the agreement. 13.3 Subject to clause 13.1, Talisman Innovations 's total liability to the Customer in respect of goodwill any individual claim arising under or loss in connection with the agreement, whether in contract, tort (including negligence), breach of use suffered statutory duty, or incurred directly or indirectly otherwise, shall be limited to a sum equal to the aggregate Fees paid by the CustomerCustomer in accordance with the agreement during the twelve months preceding the date acknowledged by the Customer as being the date of the claim (such acknowledgement not to be unreasonably withheld). 13.4 Subject to clause 13.1, Talisman Innovations' total liability to the Customer in respect of all losses arising under or in connection with the agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the aggregate fee paid by the Customer in accordance with the agreement or (where the agreement operates for any consequential, indirect or special loss or damage howsoever arising and of whatsoever nature (even if Activ had been advised more than 12 months) the Fees shall be deemed to be the average sum paid to Talisman Innovations in a 12 month period of the possibility of the Customer incurring the same) or any punitive or exemplary damagesagreement. 12.4 The 13.5 Subject to clause 13.1, all warranties, conditions and other 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 statute or common law are, to the fullest extent permitted by law, excluded from this Agreementthe agreement. 12.5 Nothing 13.6 Except as expressly stated in this Clause 12 shall affect or limit these Terms the Customer assumes sole responsibility for results obtained from the use of the Services the Documentation and the Results by the Customer’s obligation , and for conclusions drawn from such use. Talisman Innovations shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to pay Charges properly due under this AgreementTalisman Innovations by the Customer in connection with the Services, or any actions taken by Talisman Innovations at the Customer's direction. 13.7 This clause 13 shall survive termination of the agreement.

LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. 12.1 9.1 Nothing in this Agreement shall exclude agreement limits or limit Activ’s excludes the Supplier's liability for: 12.1.1 (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; 12.1.2 (b) fraud or fraudulent misrepresentation;; or 12.1.3 (c) 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 ) or any other liability which cannot be limited or excluded or limited under by applicable law. 12.2 9.2 Subject to Clauses 12.1 and 12.3clause 9.1, 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 Supplier shall not in any circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty duty, or otherwise, for any arising under or in connection with this agreement for: (a) loss of profit, profits; (b) loss of contracts, sales or business; (c) loss of business agreements or business opportunities, loss of production, loss of turnover or revenue, loss of availability, any loss or corruption contracts; (whether direct or indirectd) of data or information provided by the Customer, loss of anticipated savings, wasted expenditure, ; (e) loss of reputation, loss of goodwill or damage to goodwill; (f) loss of use suffered or incurred directly corruption of software, data or indirectly by information; (g) any indirect or consequential loss. 9.3 Subject to clause 9.1 and clause 9.2, the Supplier's total liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or for otherwise, arising under or in connection with this agreement shall be limited to: (a) £250,000 per claim; and (b) in respect of all claims (connected or unconnected) in any consequentialconsecutive 12 (twelve) month period, indirect or special loss or damage howsoever arising and of whatsoever nature (even if Activ had been advised the equivalent of the possibility of total charges paid by the Customer incurring in that period. *This clause seeks to limit the same) or supplier's aggregate liability under the contract to a pre-set financial amount, by capping the Supplier's liability per claim, and for all claims in any punitive or exemplary damagesone contract year. You should contact your insurers to discuss the types of loss in respect of which you might obtain insurance and the appropriate upper limits, and must also make sure that the limitation of liability clause does not invalidate your insurance cover. 12.4 9.4 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 Goods and Services Xxx 0000 are, to the fullest extent permitted by law, excluded from this Agreementagreement. 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. 12.1 9.1 Nothing in this Agreement shall exclude agreement limits or limit Activ’s excludes the Supplier's liability for: 12.1.1 (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; 12.1.2 (b) fraud or fraudulent misrepresentation;; or 12.1.3 (c) breach of the terms implied by section 2 of the Supply of Goods and Services Xxx 0000 Act 1982 (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 ) or any other liability which cannot be limited or excluded or limited under by applicable law. 12.2 9.2 Subject to Clauses 12.1 and 12.3clause 9.1, 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 Supplier shall not in any circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty duty, or otherwise, for any arising under or in connection with this agreement for: (a) loss of profit, profits; (b) loss of contracts, sales or business; (c) loss of business agreements or business opportunities, loss of production, loss of turnover or revenue, loss of availability, any loss or corruption contracts; (whether direct or indirectd) of data or information provided by the Customer, loss of anticipated savings, wasted expenditure, ; (e) loss of reputation, loss of goodwill or damage to goodwill; (f) loss of use suffered or incurred directly corruption of software, data or indirectly by information; (g) any indirect or consequential loss. 9.3 Subject to clause 9.1 and clause 9.2, the Supplier's total liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or for otherwise, arising under or in connection with this agreement shall be limited to: (a) $20,000,000 per claim; and (b) in respect of all claims (connected or unconnected) in any consequentialconsecutive 12 (twelve) month period, indirect or special loss or damage howsoever arising and of whatsoever nature (even if Activ had been advised the equivalent of the possibility of total charges paid by the Customer incurring in that period. *This clause seeks to limit the same) or supplier's aggregate liability under the contract to a pre-set financial amount, by capping the Supplier's liability per claim, and for all claims in any punitive or exemplary damages. 12.4 The terms implied by sections 13 one contract year. You should contact your insurers to 15 discuss the types of the Sale loss in respect of Products Xxx 0000 which you might obtain insurance and the terms implied by sections 3 to 5 appropriate upper limits, and must also make sure that the limitation of the Supply of Products and Services Xxx 0000 are, to the fullest extent permitted by law, excluded from this Agreementliability clause does not invalidate your insurance cover. 12.5 Nothing in this Clause 12 shall affect or limit the Customer’s obligation to pay Charges properly due under this Agreement.