Common use of LIMITATION OF REMEDIES AND LIABILITY Clause in Contracts

LIMITATION OF REMEDIES AND LIABILITY. 9.1 Nothing in this Agreement shall operate to exclude or limit Ormit’s liability for: (a) death or personal injury caused by its negligence; or (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law. 9.2 Neither party shall be liable under or in connection with this Agreement or any collateral contract for any: 1. loss of revenue; 2. loss of actual or anticipated profits; 3. loss of contracts; 4. loss of the use of money; 5. loss of anticipated savings; 6. loss of business; 7. loss of opportunity; 8. loss of goodwill; 9. loss of reputation; 10. loss of, damage to or corruption of data; or 11. any indirect or consequential loss, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise. 9.3 Ormit expressly excludes and shall not be liable for any damage, losses or expenses incurred by the Customer as a result of: (a) any short term technical failure resulting in the unavailability of the Services and/or the End User Data; (b) any claims against the Customer by any End User and/or the third party in relation to the collection, processing, transfer, use or otherwise of the End User Data. 9.4 Subject to clause 9.1, Xxxxx’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the total Charges payable by the Customer to Ormit under this Agreement in that calendar year.

LIMITATION OF REMEDIES AND LIABILITY. 9.1 8.1. Nothing in this Agreement agreement shall operate to exclude or limit Ormitthe Host’s liability for: (a) 8.1.1. death or personal injury caused by its negligence; or (b) 8.1.2. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (c) 8.1.3. fraud; or (d) 8.1.4. any other liability which cannot be excluded or limited under applicable law. 9.2 8.2. Neither party shall be liable under or in connection with this Agreement or any collateral contract for any: 18.2.1. loss of revenue; 28.2.2. loss of actual or anticipated profits; 38.2.3. loss of contracts; 48.2.4. loss of the use of money; 58.2.5. loss of anticipated savings; 68.2.6. loss of business; 78.2.7. loss of opportunity; 88.2.8. loss of goodwill; 98.2.9. loss of reputation; 108.2.10. loss of, damage to or corruption of datadata (excluding any security failure which is solely caused by the Host or any Third Party instructed by the Host or any combination thereof); or 118.2.11. any indirect or consequential loss, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise. 9.3 Ormit expressly excludes and shall not be liable for any damage, losses or expenses incurred by the Customer as a result of: (a) any short term technical failure resulting in the unavailability of the Services and/or the End User Data; (b) any claims against the Customer by any End User and/or the third party in relation to the collection, processing, transfer, use or otherwise of the End User Data. 9.4 8.3. Subject to clause 9.18.1, Xxxxx’s the Host's aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the total Charges Fees payable by the Customer to Ormit the Host under this Agreement agreement in that calendar year. 8.4. The Customer must notify the Host of any potential action, claim or liability alleged against the Host within a period of two (2) calendar years of the facts giving rise to the claim (Limitation Period). The Customer acknowledges that the Host shall not be liable for any claim brought by the Customer outside of the Limitation Period. The Limitation Period is required for the Host to pass through obligations imposed on it by Third Party terms. The Parties agree that the limitations of liability and the Limitation Period are commercially reasonable given the nature and extent of the Services and the Parties’ respective warranties and benefits contained herein which form an essential element of the bargain between them. 8.5. The Host disclaims all representations, warranties, conditions, and liability arising from: 8.5.1. acts or omissions of Customer and/or Third Parties;

LIMITATION OF REMEDIES AND LIABILITY. 9.1 8.1 Nothing in this Agreement agreement shall operate to exclude or limit Ormit’s liability for: (a) death or personal injury caused by its negligence; or (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 Xxx 0000 or section 2 of the Supply of Goods and Services Act 1982Xxx 0000; or (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law. 9.2 8.2 Neither party shall be liable under or in connection with this Agreement agreement or any collateral contract for any: 1. loss of revenue; 2. loss of actual or anticipated profits; 3. loss of contracts; 4. loss of the use of money; 5. loss of anticipated savings; 6. loss of business; 7. loss of opportunity; 8. loss of goodwill; 9. loss of reputation; 10. loss of, damage to or corruption of data; or 11. any indirect or consequential loss, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise. 9.3 8.3 Ormit expressly excludes and shall not be liable for any damage, losses or expenses incurred by the Customer as a result of: (a) any short term technical failure resulting in the unavailability of the Services and/or the End User Data; (b) any claims against the Customer by any End User and/or the third party in relation to the collection, processing, transfer, use or otherwise of the End User Data. 9.4 8.4 Subject to clause 9.18.1, XxxxxOrmit’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the total Charges payable by the Customer to Ormit under this Agreement agreement in that calendar year.