Common use of Waiver of Liability Cap Clause in Contracts

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 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 OCA Contract No. 212210180 notice, terminate this Agreement in its entirety as of the termination date specified in the notice.