Total Aggregate Liability. Without prejudice to clause "Indirect or Consequential Damages" and only to the maximum extent permitted by law, Adaptavist’s total aggregate liability arising under or in connection with this Agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall (i) not exceed the amount paid by the Client to Adaptavist over the previous twelve (12) months for the provision of Services or otherwise under this Agreement or any associated SOW and (ii) shall be limited to the contract value of the specific SOW related to any claim by Client.
Total Aggregate Liability. Veritas' total aggregate liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with all contracts between Veritas and the Client.
Total Aggregate Liability. (a) Except for Claims to which sub-clause (b) applies, and subject to sub-clause (c): (i) in relation to all Tax Claims, the total aggregate liability of a Vendor (subject to clause 16.3) is limited to an amount equal to that Vendor’s Respective Sale Proportion of the Purchase Price; and (ii) in relation to all other Warranty Claims (other than Warranty Claims to which sub-clause (b) applies), Claims under clause 8.2 and Claims under the Specific Indemnities, the total aggregate liability of a Vendor is limited to an amount equal to that Vendor’s Respective Sale Proportion of $75 million, unless the W&I Insurance Condition is waived in accordance with clause 4.7, in which case the total aggregate liability of a Vendor is limited to an amount equal to that Vendor’s Respective Sale Proportion of $200 million.
(b) Subject to sub-clause (c), each Vendor is liable for Claims relating to any breach of a Fundamental Warranty, and for any Claims relating to the fraud of that Vendor or of any person acting (with express authority) for or on behalf, or at the express direction or express instruction of, that Vendor, up to that Vendor’s Respective Sale Proportion of the Purchase Price.
(c) Notwithstanding sub-clauses (a) and (b) or anything else in this Agreement, each Vendor’s total aggregate liability for all Claims under or directly or indirectly in connection with this Agreement and the Transaction will be limited to, and will not exceed, an amount equal to that Vendor’s Respective Sale Proportion of the Purchase Price.
Total Aggregate Liability. For each Measurement Year during the Service Period, the aggregate liability of either Party under this Agreement during such Measurement Year (whether based on breach of contract, negligence or otherwise) arising out of or in connection with the performance by that Party of its obligations under this Agreement shall not exceed an amount equal to the Service Fees payable for such Measurement Year (the “Liability Cap”); provided that such amount shall exclude: (a) any indemnification obligations under Article 4., (b) the proceeds of insurance required to be maintained by this Agreement that are available to pay for any such Losses and (c) any Losses arising from the fraud, willful misconduct or gross negligence of (i) Operator or its Subcontractors or any other Person acting under Operator’s direction or control or on Operator’s behalf or (ii) Owner or its contractors, subcontractors and suppliers (other than Operator and its Subcontractors) or any other Person acting under Owner’s direction or control or on Owner’s behalf. The Parties further agree that the sole remedy for Operator’s failure to comply with the separateness covenants set forth in Section 1.17 shall be the termination of this Agreement.
Total Aggregate Liability. In no event will Simpro’s aggregate liability exceed the lesser of:
(i) The Ongoing Investment due for the six (6) month period measured by the monthly payment obligation at the time of the event or circumstance giving rise to the Claim; and
(ii) The Ongoing Investment paid by you prior to the time of the event or circumstance giving rise to the Claim.
Total Aggregate Liability the total aggregate liability of Infinidat, its affiliates, suppliers, and licensors arising under, out of, or otherwise in connection with this Customer Agreement, and not excluded above, will not exceed the amount of fees paid and received by Infinidat for these services during the twelve
