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
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
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