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 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 one Party for claims asserted by the other Party under or in connection with this Agreement equals or exceeds [**] of either eighty-five percent (85%) of the liability caps cap specified in Section 20.1 18.3(a) 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 amountan amount at least equal to the original liability cap, then the other Party may terminate this AgreementAgreement without payment of Termination Charges.

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 eighty percent (80%) of the liability caps cap specified in Section 20.1 18.3(a) 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 amountan amount at least one-half of the original liability cap, then the other Party may terminate this AgreementAgreement without payment of Termination Charges.