Common use of LIMITATION OF LIABLITY Clause in Contracts

LIMITATION OF LIABLITY. 10.1 Any liability of Leaseweb under this DPA is limited to the affected Services and to the amount (excluding VAT) invoiced by Leaseweb under the Sales Contract and timely paid by Customer, in the three (3) months prior to the day on which the liability arises, with a maximum of twenty-five thousand euros (EUR 25.000) per damaging event or series of damaging events. 10.2 In no event shall Leaseweb be liable under or in connection with this DPA for any indirect, Data Breach or consequential damages (including but not limited to: lost opportunities, loss of turnover, profits or goodwill, loss, mutilation or destruction of data or data files, and damages for liability towards third parties). 10.3 All of Customer‘s claims on Leaseweb, on whatever grounds, including but not limited to breach of DPA or tort, shall expire and cease to exist after a period of twelve (12) months following the day of the damaging event, if Customer fails to inform Leaseweb of the existence of such claim(s) and has failed to bring the claim(s) before the authorized court within the aforementioned period of twelve (12) months.

LIMITATION OF LIABLITY. 10.1 Any liability of Leaseweb under this DPA is limited to the affected Services and to the amount (excluding VAT) invoiced by Leaseweb under the Sales Contract Agreement and timely paid by Customer, in the three (3) months prior to the day on which the liability arises, with a maximum of twenty-five thousand euros (EUR $ 25.000) per damaging event or series of damaging events. 10.2 In no event shall Leaseweb be liable under or in connection with this DPA for any indirect, Data Breach or consequential damages (including but not limited to: lost opportunities, loss of turnover, profits or goodwill, loss, mutilation or destruction of data or data files, and damages for liability towards third parties). 10.3 All of Customer‘s claims on Leaseweb, on whatever grounds, including but not limited to breach of DPA or tort, shall expire and cease to exist after a period of twelve (12) months following the day of the damaging event, if Customer fails to inform Leaseweb of the existence of such claim(s) and has failed to bring the claim(s) before the authorized court within the aforementioned period of twelve (12) months.