Limitation of Xxxxxx Xxx Ltd s liability: Subjects always to clauses 16.1 and 16.2, WCY’s total liability to the Restaurant in respect of all other losses arising under or in connection with this agreement howsoever caused (and whether in contract, tort (including negligence), breach of statutory duty, or otherwise, and including losses caused by Xxxxxx Xxx Ltd.’s repudiatory breach or a deliberate breach of the Agreement by Xxxxxx Xxx Ltd, its employees, agents or subcontractors) shall never exceed the aggregate amount of Restaurant Charges paid to Xxxxxx Xxx Ltd by the Restaurant pursuant to this Agreement in the 12 months prior to the date that the liability arose.
