Common use of LIMITATION OF THE MANAGER’S LIABILITY Clause in Contracts

LIMITATION OF THE MANAGER’S LIABILITY. 15.1 The Manager shall effect and maintain, throughout the currency of this Agreement, at its own expense, public liability insurance in an amount of not less than R5,000,000 (five million Rand) and pay all premiums in respect of such policy from time to time as they fall due. 15.2 Confirmation of availability of the aforesaid insurance shall be made available to an Owner within 5 (five) days of such written request. Should the Manager not furnish proof of insurance and/or proof of payment of such insurance premiums, any Owner shall be entitled, without prejudice to any of its other rights, to effect such insurance on the Manager’s behalf and recover the costs thereof from the Manager by way of set-off or otherwise. 15.3 The Manager’s total aggregate liability under this Agreement and in respect of the transactions contemplated in this Agreement (including in respect of a breach of any warranties, representations, undertakings or indemnities given by the Manager to the Owners), howsoever arising, shall be capped at an aggregate amount equal to 100% of the fees payable and paid to the Manager by the Owners pursuant to this Agreement. 15.4 In no event will the Manager be liable for - 15.4.1 any loss of profits, loss of revenue or savings, loss of goodwill, loss of data, or loss of business opportunities, whether direct or indirect; or 15.4.2 any indirect, incidental, special, punitive, exemplary or consequential losses of any kind. 15.5 The provisions of clauses 15.3 and 15.4 above in no way limits or exempts the Manager from any loss suffered by an Owner as a result of gross negligence or wilful misconduct on the part of the Manager. 15.6 To the extent that any conflict exists between the provisions of this clause 15 and any other provisions of this Agreement, the provisions of this clause 15 shall prevail and be implemented.