Waiver of Liability Cap. If, at any time, the total aggregate liability of one Party for claims asserted by the other Party under or in connection with this Agreement exceeds sixty percent (60%) of the applicable liability cap specified in Section 11.3.2 and, upon receipt of the request of the other Party, the Party incurring such liability refuses to waive such cap and/or increase the available cap to an amount at least equal to the original liability cap, then the other Party may, upon notice, terminate this Agreement in its entirety as of the termination date specified in the notice.
Waiver of Liability Cap. If, at any time, the total aggregate liability of one Party for claims asserted by the other Party under or in connection with this Agreement equals or exceeds [**] of either of the liability caps specified in Section 20.1 and, upon the request of the other Party, the Party incurring such liability refuses to waive such cap and/or increase the available cap to a mutually agreeable amount, then the other Party may terminate this Agreement.
Waiver of Liability Cap. If, at any time, the total aggregate liability of Contractor for claims asserted by OCA under or in connection with this Agreement exceeds sixty percent (60%) of the applicable liability cap specified in Section 17.3(b) and, upon receipt of the request of OCA, Contractor refuses to waive such cap and/or increase the available cap to an amount at least equal to the original liability cap, then OCA may, upon notice, terminate this Agreement in its entirety as of the termination date specified in the notice.
Waiver of Liability Cap. If, at any time, the total aggregate liability of one Party for adjudicated claims by the other Party that arise under or in connection with this Agreement during the [ * * * ] after the Commencement Date exceeds [ * * * ] of either of the liability caps specified in Section 18.3.2 and, within [ * * * ] from receipt of the request of the other Party, the Party incurring such liability refuses to waive such cap and/or increase the available cap to an amount at least equal to the original liability cap, then the other Party may [ * * * ] this Agreement without payment of [ * * * ].
Waiver of Liability Cap. If, at any time *** the total aggregate liability of Supplier for claims asserted by MetroPCS under or in connection with the Agreement exceeds *** of the Supplier Cap; ***, then MetroPCS shall have the right to terminate the Agreement by delivering a termination notice to Supplier ***. Notwithstanding any such termination, Supplier shall remain obligated to perform its obligations under Section 11.10 until such obligations have been fulfilled. For the avoidance of doubt, any termination pursuant to this Section shall not constitute a termination under any other provision of this Agreement.
Waiver of Liability Cap. In the event (i) either Party incurs liability to the other Party which equals or exceeds eighty (80%) of one or more of the liability caps specified in Sections 18.3(b), (c), (d), (e) or (f) and does not fall within an exception to such liability caps, and (ii) such incurring Party does not waive such liability cap and/or agree to increase it by a mutually agreeable amount within thirty (30) days of its receipt of written notice from the other Party, then the other Party may elect to terminate the Term for convenience. If ABM elects to terminate on this basis, ABM shall not be obligated to pay any Termination Charges, including any Wind Down Charges. If Supplier elects to terminate on this basis, ABM shall pay Wind Down Charges calculated in accordance with Schedule N, but shall not be obligated to pay any Termination Fee.
Waiver of Liability Cap. If, at any time, the total aggregate liability of CSC under or in connection with this Agreement exceeds, or in connection with any Third Party claim against any Eligible Recipient is claimed by Sears to exceed, fifty percent (50%) of the liability cap specified in Section 21.2(b) (Liability Cap) and, upon receipt of the request of Sears, CSC refuses to waive such cap and/or increase the available cap to an amount at least equal to the original liability cap with respect to liability accruing on or after the receipt of such request from Sears, then Sears may terminate this Agreement or any Transaction Document, in whole or in part, without payment of Termination Charges. Upon CSC’s request, Sears will provide to CSC any information CSC reasonably requests regarding such Claim, to the extent Sears (or such Eligible Recipients) has such information. If the liability cap specified in Section 21.2(b) (Liability Cap) is increased pursuant to this Section 21.2(f) (Waiver of Liability Cap) and Sears fails in connection with the claim(s), giving rise to such increase to recover or incur damages or a monetary settlement sufficient to make CSC’s total aggregate liability under this Agreement exceed fifty percent (50%) of the original liability cap, the liability cap specified in Section 21.2(b) (Liability Cap) shall automatically revert to the amount thereof immediately prior to such increase, without limiting the effectiveness of this Section 21.2(f) (Waiver of Liability Cap) as to any subsequent liability or potential liability of CSC under this Agreement.
Waiver of Liability Cap. If, at any time, the total aggregate liability for claims asserted by DIR and DIR Customers under or in connection with this Agreement exceeds sixty percent (60%) of the applicable liability cap specified in Section 18.3(b) and, upon receipt of the request DIR, if Service Provider refuses to waive such cap and/or increase the available cap to an amount at least equal to the original liability cap, then DIR may, upon notice, terminate this Agreement in its entirety as of the termination date specified in the notice.
Waiver of Liability Cap. If, at any time, the total aggregate liability of one Party for claims asserted by the other Party under or in connection with this Agreement exceeds sixty percent (60%) of the applicable liability cap specified in Section 11.3.2
Waiver of Liability Cap. If, at any time, the total aggregate liability of one Party for claims asserted by the other Party under or in connection with this Agreement exceeds “REDACTED” of the liability cap specified in Section 18.3(b) and, within thirty (30) days of its receipt of the request of the other Party, the Party incurring such liability refuses to waive such cap and/or increase the available cap to an amount at least equal to the original liability cap, then the other Party may terminate this Agreement, and in the case of Allianz exercising its right to terminate, Allianz may terminate this Agreement immediately without payment of any Termination Charges.
