Common use of Waiver of Liability Cap Clause in Contracts

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 exceeds sixty percent (60%) of the applicable liability cap specified in Section 11.3.2 18.3(b) 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.