Common use of Restricted Liability Clause in Contracts

Restricted Liability. In all other cases, the following shall apply: • Supplier’s liability shall be limited to typical, foreseeable damages. • Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by OEM to Supplier for the Software and Services (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. • Supplier shall be liable to OEM only if Supplier has breached a material contractual obligation (i. e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). • Supplier shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable.

Restricted Liability. In all other cases, the following shall apply: • Supplier’s liability shall be limited to typical, foreseeable damages. • Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by OEM to Supplier for the Software and Services (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. • Supplier shall be liable to OEM only if Supplier has breached a material contractual obligation (i. e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). • Supplier shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable.

Restricted Liability. In all other cases, the following shall apply: • Supplier’s liability shall be limited to typical, foreseeable damages. • Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by OEM to Supplier for the Software and Services (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. • Supplier shall be liable to OEM only if Supplier has breached a material contractual obligation (i. e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer OEM usually may rely on). • Supplier shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable.

Restricted Liability. In all other cases, the following shall apply: • Supplier’s liability shall be limited to typical, foreseeable damages. • Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by OEM to Supplier for the Software and Services (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. • Supplier shall be liable to OEM only if Supplier has breached a material contractual obligation (i. e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer OEM usually may rely on). • Supplier shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable.