Common use of Maximum Aggregate Liability Clause in Contracts

Maximum Aggregate Liability. EXCEPT WITH RESPECT TO CUSTOMER’S ACCESS TO OR DISCLOSURE OF THE APPLICATION OTHER THAN IN COMPLIANCE WITH THE LICENSE GRANTED IN THIS AGREEMENT, IN NO EVENT SHALL A PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH SUCH PARTY), WITH RESPECT TO ANY CLAIM ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LICENSE OR SUBSCRIPTION FEES PAID UNDER THIS AGREEMENT DURING THE 180-DAY PERIOD IMMEDIATELY PRECEDING THE ACT GIVING RISE TO SUCH CLAIM. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.

Maximum Aggregate Liability. EXCEPT WITH RESPECT TO CUSTOMER’S ACCESS TO OR DISCLOSURE OF THE APPLICATION OTHER THAN IN COMPLIANCE WITH THE LICENSE GRANTED IN THIS AGREEMENT, IN NO EVENT SHALL A PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH SUCH PARTY), WITH RESPECT TO ANY CLAIM ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LICENSE OR SUBSCRIPTION FEES PAID UNDER THIS AGREEMENT DURING THE 18012-DAY MONTH PERIOD IMMEDIATELY PRECEDING THE ACT GIVING RISE TO SUCH CLAIM. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.

Maximum Aggregate Liability. EXCEPT WITH RESPECT NOTWITHSTANDING ANYTHING HEREIN TO CUSTOMER’S ACCESS TO OR DISCLOSURE OF THE APPLICATION OTHER THAN IN COMPLIANCE WITH THE LICENSE GRANTED IN THIS AGREEMENTCONTRARY, IN NO EVENT SHALL A THE AGGREGATE LIABILITY OF ONESITE, EXCLUDING ONESITE’S MAXIMUM AGGREGATE LIABILITY FOR INFRINGEMENT OF ANOTHER PARTY’S AGGREGATE LIABILITY INTELLECTUAL PROPERTY RIGHTS DESCRIBED IN SECTION 16 HEREOF OR OTHERWISE (“INFRINGEMENT”) (WHICH LIMITATION IS DESCRIBED IN THE BELOW PARAGRAPH), TO THE OTHER PARTY COMPANY (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH SUCH PARTYCOMPANY), WITH RESPECT TO ANY CLAIM AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF FOR THIS AGREEMENT, IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE)TORT, OR OTHERWISE, EXTEND BEYOND THE AMOUNTS PAID TO ONESITE FOR THE SERVICES PROVIDED HEREIN DURING THE LAST THREE MONTHS BEFORE SUCH CLAIM OR CLAIMS. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, THE AGGREGATE LIABILITY OF ONESITE AND THE COMPANY FOR INFRINGEMENT SHALL NOT EXCEED THE LICENSE LESSER OF (i) $250,000 OR SUBSCRIPTION FEES (II) THE AMOUNT PAID UNDER THIS AGREEMENT BY THE COMPANY TO ONESITE FOR SERVICES PROVIDED HEREIN DURING THE 180-DAY PERIOD IMMEDIATELY PRECEDING THE ACT GIVING RISE TO LAST THREE MONTHS BEFORE SUCH CLAIM. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE CLAIM OR UNENFORCEABLE PROVISION OF THIS AGREEMENTCLAIMS.