Maximum Damages Allowed. Notwithstanding any other provision of this Agreement, and for any reason, including breach of any duty imposed by this Agreement or independent of this Agreement, and regardless of any claim in contract, tort (including negligence) or otherwise, Administrative Agent’s total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Administrative Agent by Employer for the services to which the claim relates during the twelve (12) months prior to the act or event giving rise to such claim.
Appears in 4 contracts
Samples: Administration Agreement, Administration Agreement, Administration Agreement
Maximum Damages Allowed. Notwithstanding any other provision of this Agreement, and for any reason, including breach of any duty imposed by this Agreement or independent of this Agreement, and regardless of any claim in contract, tort (including negligence) or otherwise, Administrative AgentVendor’s total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Administrative Agent Vendor by Employer or indirect payments made by the Eligible Custodian to the Admin- istrative Vendor for the services Services to which the claim relates during the twelve (12) months prior to the act or event giving rise to such claim.
Appears in 3 contracts
Samples: Administration Agreement, Administration Agreement, Administration Agreement
Maximum Damages Allowed. Notwithstanding any other provision of this Agreement, and for any reason, including breach of any duty imposed by this Agreement or independent of this Agreement, and regardless of any claim in contract, tort (including negligence) or otherwise, Administrative Agent’s total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Administrative Agent by Employer or indirect payments made by the Eligible Custodian to the Administrative Agent for the services Services to which the claim relates during the twelve (12) months prior to the act or event giving rise to such claim.
Appears in 1 contract
Samples: Administration Agreement