Common use of Limitation on Amount and Time for Bringing Action Clause in Contracts

Limitation on Amount and Time for Bringing Action. The Customer agrees that any liability of State Street to the Customer or its Authorized Designees arising out of State Street’s provision of Data Access Services or the System under this Addendum shall be limited to the maximum amount of three million dollars in total for any losses, damages and costs for the term of this Addendum for the particular System that give rise to such losses, damages and costs, regardless of frequency of incidents which may result in such losses, damages and costs. State Street agrees that any liability of the Customer to State Street or any third party arising out of the Customer’s access to and use of Data Access Services or the System under this Addendum shall be limited to the maximum amount of three million dollars in total for any losses, damages and costs for the term of this Addendum for the particular System that give rise to such losses, damages and costs, regardless of frequency of incidents which may result in such losses, damages and costs. No action, regardless of form, arising out of this agreement may be brought by either party more than two years after such party has knowledge that the cause of action has arisen, provided however, that the limitations set forth in this Section 5(a) shall not apply to any amounts for which either party is or becomes liable under Section 4 or Section 8 of this Addendum, or due to personal injury or property damage arising out of either party’s performance of its obligations hereunder.

Appears in 2 contracts

Samples: Data Access Services Addendum (AIP Macro Registered Fund A), Data Access Services Addendum (AIP Macro Registered Fund P)

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Limitation on Amount and Time for Bringing Action. The Customer agrees that any liability of State Street to the Customer or its Authorized Designees arising out of State Street’s provision of Data Access Services or the System under this Addendum DAS Agreement shall be limited to the maximum amount of three million dollars in total for any losses, damages and costs for the term of this Addendum DAS Agreement, for the particular System system product services that give rise to such losses, damages and costs, regardless of frequency of incidents which may result in such losses, damages and costs. State Street agrees that any liability of the Customer to State Street or any third party arising out of the Customer’s access to and use of Data Access Services or the System under this Addendum DAS Agreement shall be limited to the maximum amount of three million dollars in total for any losses, damages and costs for the term of this Addendum DAS Agreement for the particular System system product services that give rise to such losses, damages and costs, regardless of frequency of incidents which may result in such losses, damages and costs. No action, regardless of form, arising out of this agreement DAS Agreement may be brought by either party more than two years after such party has knowledge that the cause of action has arisen, provided however, that the limitations set forth in this Section 5(a) shall not apply to any amounts for which either party is or becomes liable under Section 4 or Section 8 of this AddendumDAS Agreement, or due to personal injury or property damage arising out of either party’s performance of its obligations hereunder.

Appears in 2 contracts

Samples: Data Access Services Agreement (Morgan Stanley LTD Duration Us Government Trust), Data Access Services Agreement (Morgan Stanley Balanced Fund)

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Limitation on Amount and Time for Bringing Action. The Customer agrees that any liability of State Street to the Customer or its Authorized Designees arising out of State Street’s provision of Data Access Services or the System under this Addendum shall be limited to the maximum amount of three million dollars in total for any losses, damages and costs for the term of this Addendum for the particular System system product services as described in Attachment A that give rise to such losses, damages and costs, regardless of frequency of incidents which may result in such losses, damages and costs. State Street agrees that any liability of the Customer to State Street or any third party arising out of the Customer’s access to and use of Data Access Services or the System under this Addendum shall be limited to the maximum amount of three million dollars in total for any losses, damages and costs for the term of this Addendum for the particular System system product services as described in Attachment A that give rise to such losses, damages and costs, regardless of frequency of incidents which may result in such losses, damages and costs. No action, regardless of form, arising out of this agreement may be brought by either party more than two years after such party has knowledge that the cause of action has arisen, provided however, that the limitations set forth in this Section 5(a) shall not apply to any amounts for which either party is or becomes liable under Section 4 or Section 8 of this Addendum, or due to personal injury or property damage arising out of either party’s performance of its obligations hereunder.

Appears in 2 contracts

Samples: Custodian Agreement (Alternative Investment Partners Absolute Return Fund), Administrative Services Agreement (Alternative Investment Partners Absolute Return Fund)

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