Common use of Limitation on Direct Damages Clause in Contracts

Limitation on Direct Damages. Subject to Sections 8.2 and 8.4, Xxxxxx’x aggregate liability arising from or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence, misrepresentation or for any other reason) shall not exceed 1.25 times the amounts paid or payable (having been invoiced but not yet paid) by you for the license to use the Service.

Appears in 4 contracts

Samples: Service Agreement, Smarsh Service Agreement, Smarsh Service Agreement

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Limitation on Direct Damages. Subject to Sections 8.2 14.2.1 and 8.414.2.3, Xxxxxx’x aggregate liability arising from or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence, misrepresentation or for any other reason) shall not exceed 1.25 times the amounts paid or payable (having been invoiced but not yet paid) by you Client for the license to use the Service.

Appears in 4 contracts

Samples: Smarsh Services Agreement, Smarsh Services Agreement, Smarsh Services Agreement

Limitation on Direct Damages. Subject to Sections 8.2 11.2.1 and 8.411.2.3, Xxxxxx’x aggregate liability arising from or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence, misrepresentation or for any other reason) shall not exceed 1.25 times the amounts paid or payable (having been invoiced but not yet paid) by you Client for the license to use the Service.

Appears in 2 contracts

Samples: Smarsh Services Addendum, Historical Data Access Agreement

Limitation on Direct Damages. Subject to Sections 8.2 15.2 and 8.415.4, Xxxxxx’x aggregate liability arising from or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence, misrepresentation or for any other reason) shall not exceed 1.25 times the amounts paid or payable (having been invoiced but not yet paid) by you for the license to use the Service.

Appears in 2 contracts

Samples: Software Agreement, Software Agreement

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Limitation on Direct Damages. Subject to Sections 8.2 13.2.1 and 8.413.2.3, Xxxxxx’x aggregate liability arising from or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence, misrepresentation or for any other reason) shall not exceed 1.25 times the amounts paid or payable (having been invoiced but not yet paid) by you Client for the license to use the Service.

Appears in 2 contracts

Samples: Smarsh Services Agreement, Smarsh Services Agreement

Limitation on Direct Damages. Subject to Sections 8.2 12.2 and 8.412.4, Xxxxxx’x aggregate liability arising from or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence, misrepresentation or for any other reason) shall not exceed 1.25 times the amounts paid or payable (having been invoiced but not yet paid) by you Client for the license to use the Service.

Appears in 1 contract

Samples: Smarsh Services Agreement

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