XL Liability. Subject to clause 31.3, the maximum aggregate liability of XL for all Loss and Claims under or in connection with this agreement or its subject matter, regardless of whether such liability is based on breach of contract, tort (including negligence), equity, under statute, or otherwise, is limited to the amounts set out in clause 31.1(a).
Appears in 2 contracts
Samples: Services Agreement (Motricity Inc), Managed Services Agreement (Motricity Inc)
XL Liability. Subject to clause 31.319.3, the maximum aggregate liability of XL for all Loss and Claims under or in connection with this agreement or its subject matter, regardless of whether such liability is based on breach of contract, tort (including negligence), equity, under statute, or otherwise, is limited to the amounts set out in clause 31.1(a19.1(a).
Appears in 2 contracts
Samples: Development Work Agreement (Motricity Inc), Development Work Agreement (Motricity Inc)
XL Liability. Subject to clause 31.319.2, the maximum aggregate liability of XL for all Loss and Claims under or in connection with this agreement or its subject matter, regardless of whether such liability is based on breach of contract, tort (including negligence), equity, under statute, or otherwise, is limited to the amounts set out in clause 31.1(a19.1(a).
Appears in 1 contract
XL Liability. Subject to clause 31.319.2, the maximum aggregate liability of XL for all Loss and Claims under or in connection with this agreement or its subject matter, regardless of whether such liability is based on breach of contract, tort (including negligence), equity, under statute, or otherwise, is limited to the amounts set out in clause 31.1(a19.1(a). * * * This redacted material has been omitted pursuant to a request for confidential treatment, and the material has been filed separately with the SEC.
Appears in 1 contract
Samples: Software Licence And (Motricity Inc)