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, Metavante’s total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Metavante by Customer for the Service to which the claim relates during the three (3) months prior to the act or event giving rise to such claim.
Appears in 3 contracts
Samples: E Finance Services Agreement (Ideal Financial Solutions Inc), E Finance Services Agreement (Ideal Financial Solutions Inc), E Finance Services Agreement (Ideal Financial Solutions Inc)
Maximum Damages Allowed. Notwithstanding any other provision of this Agreement 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, Metavante’s total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Metavante by Customer for the Service to which the claim relates Services during the three six (36) months prior to the act or event giving rise to such claim.
Appears in 1 contract
Samples: Technology Outsourcing Renewal Agreement (Independent Bank Corp /Mi/)
Maximum Damages Allowed. Notwithstanding any other provision of this Agreement 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, Metavante’s 's total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Metavante by Customer for the Service to which the claim relates during the three (3) months prior to the act or event giving rise to such claim.
Appears in 1 contract
Samples: Stored Value Card Processing Agreement (nFinanSe Inc.)
Maximum Damages Allowed. Notwithstanding any other provision of this Agreement 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, Metavante’s total, aggregate liability under this Agreement shall in no circumstance exceed payments made to Metavante by Customer for the Service to which the claim relates Services during the three (3) months prior to the act or event giving rise to such claim. No such limitation shall apply with respect to Metavante’s willful misconduct.
Appears in 1 contract
Samples: Technology Outsourcing Renewal Agreement (Team Financial Inc /Ks)