Common use of Limitation on Amount of Liability Clause in Contracts

Limitation on Amount of Liability. EXCEPT FOR A PARTY’S BREACH OF SECTIONS 2.5, 5.1, 5.2, 7 (EXCLUDING CLAIMS RELATED TO CUSTOMER CONTENT), A PARTY’S INDEMNIFICATION OBLIGATION UNDER SECTION 9, A LIABIITY UNDER SECTION 10.3, OR A PARTY’S GROSS NEGLIGENCE, WILLFUL MIDCONDUCT OR FRAUD, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY (“GENERAL LIABILITY CAP”). THE FOREGOING DOES NOT LIMIT YOUR OBLIGATIONS TO PAY ANY UNDISPUTED FEES AND OTHER AMOUNTS DUE UNDER THIS AGREEMENT.

Appears in 3 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

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Limitation on Amount of Liability. EXCEPT FOR A PARTY’S BREACH OF SECTIONS 2.52.3, 5.1, 5.2, 7 (EXCLUDING CLAIMS RELATED TO CUSTOMER CONTENT)7, A PARTY’S INDEMNIFICATION OBLIGATION UNDER SECTION 9, A LIABIITY UNDER SECTION 10.3, OR A PARTY’S GROSS NEGLIGENCE, WILLFUL MIDCONDUCT OR FRAUD, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY (“GENERAL LIABILITY CAP”). THE FOREGOING DOES NOT LIMIT YOUR OBLIGATIONS TO PAY ANY UNDISPUTED FEES AND OTHER AMOUNTS DUE UNDER THIS AGREEMENT.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Limitation on Amount of Liability. EXCEPT FOR A PARTY’S BREACH OF SECTIONS 2.5, 5.1, 5.2, 5.2 OR 7 (EXCLUDING CLAIMS RELATED TO CUSTOMER CONTENT), A PARTY’S INDEMNIFICATION OBLIGATION UNDER SECTION 9, A LIABIITY LIABILITY UNDER SECTION 10.3, OR A PARTY’S GROSS NEGLIGENCE, WILLFUL MIDCONDUCT MISCONDUCT OR FRAUD, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY (“GENERAL LIABILITY CAP”). THE FOREGOING DOES NOT LIMIT YOUR OBLIGATIONS TO PAY ANY UNDISPUTED FEES AND OTHER AMOUNTS DUE UNDER THIS AGREEMENTANY ORDER.

Appears in 1 contract

Samples: Terms of Service

Limitation on Amount of Liability. EXCEPT FOR A PARTY’S BREACH OF SECTIONS 2.5, 5.1, 5.2, 7 (EXCLUDING CLAIMS RELATED TO CUSTOMER CONTENT), 9 and 10.3, A PARTY’S INDEMNIFICATION OBLIGATION UNDER SECTION 9, A LIABIITY UNDER SECTION 10.3, OR A PARTY’S GROSS NEGLIGENCE, WILLFUL MIDCONDUCT OR FRAUD, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY (“GENERAL LIABILITY CAP”). THE FOREGOING DOES NOT LIMIT YOUR OBLIGATIONS TO PAY ANY UNDISPUTED FEES AND OTHER AMOUNTS DUE UNDER THIS AGREEMENT.

Appears in 1 contract

Samples: Terms of Service

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Limitation on Amount of Liability. EXCEPT FOR A PARTY’S BREACH OF SECTIONS 2.5, 5.1, 5.2, 7 (EXCLUDING CLAIMS RELATED TO CUSTOMER CONTENT), A PARTY’S INDEMNIFICATION OBLIGATION UNDER SECTION 9, A LIABIITY PARTY’S LIABILITY UNDER SECTION 10.3, OR A PARTY’S GROSS NEGLIGENCE, WILLFUL MIDCONDUCT OR FRAUD, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY (“GENERAL LIABILITY CAP”). THE FOREGOING DOES NOT LIMIT YOUR OBLIGATIONS TO PAY ANY UNDISPUTED FEES AND OTHER AMOUNTS DUE UNDER THIS AGREEMENTANY ORDER.

Appears in 1 contract

Samples: Terms of Service

Limitation on Amount of Liability. EXCEPT FOR A PARTY’S BREACH OF SECTIONS 2.5, 5.1, 5.2, 7 (EXCLUDING CLAIMS RELATED TO CUSTOMER CONTENT), and 10.3, A PARTY’S INDEMNIFICATION OBLIGATION UNDER SECTION 9, A LIABIITY UNDER SECTION 10.3, OR A PARTY’S GROSS NEGLIGENCE, WILLFUL MIDCONDUCT OR FRAUD, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY (“GENERAL LIABILITY CAP”). THE FOREGOING DOES NOT LIMIT YOUR OBLIGATIONS TO PAY ANY UNDISPUTED FEES AND OTHER AMOUNTS DUE UNDER THIS AGREEMENT.

Appears in 1 contract

Samples: Terms of Service

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