Common use of Restricted Liability Clause in Contracts

Restricted Liability. In all other cases, the following shall apply: (i) RedSeal’s liability shall be limited to typical, foreseeable damages. (ii) 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 Customer to RedSeal for the Products 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. (iii) RedSeal shall be liable to Customer only if RedSeal 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). (iv) RedSeal 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: (i) RedSeal’s NetWitness’ liability shall be limited to typical, foreseeable damages. (ii) 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 Customer to RedSeal NetWitness for the Products 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. (iii) RedSeal NetWitness shall be liable to Customer only if RedSeal NetWitness 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). (iv) RedSeal NetWitness 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: (i) RedSealSecurID’s liability shall be limited to typical, foreseeable damages. (ii) 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 Customer to RedSeal SecurID for the Products 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. (iii) RedSeal SecurID shall be liable to Customer only if RedSeal SecurID 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). (iv) RedSeal SecurID shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable.