Aggregate Liability Cap definition

Aggregate Liability Cap means the value of the Annual Service Fee multiplied by one decimal point five (1.5);

Aggregate Liability Cap means the aggregate of the base Service Fee for each Day of the Term;

Aggregate Liability Cap means the amount calculated in accordance with Clause 19.2.1 and set out as such in Schedule 1 (Project Information); Agreement Date means the date of this Agreement;

Examples of Aggregate Liability Cap in a sentence

• The liability cap in Clause 24 (Railway Costs) is a sub-cap to the Aggregate Liability Cap.

• Liability Limitations Total Aggregate Liability Cap for all damages shall be [TBD] of a value equal to EPC Agreement Price excluding (i) achievement of Mechanical Completion, (ii) liability associated with third party personal injury and property damage caused by Contractor’s fault or negligence, (iii) Patent Infringement, and (iv) proceeds from insurance.

• Notwithstanding the foregoing, Seller’s Maximum Aggregate Liability Cap shall not apply with respect to (i) Seller’s indemnity obligations under Section 20 of this Agreement, (ii) any amounts to be prorated under Xxxxxxxxx 00 xxxxx, (xxx) Seller’s obligations under Paragraph 35 below, or (iv) Seller’s fraud.

• The provisions of this Section 20 shall survive the Close of Escrow and the indemnity obligations hereunder expressly fall outside of the Maximum Aggregate Liability Cap (as defined below) and are not capped by Buyer’s full Deposit amount.

• The liability caps in Clause 3.6 (design), Clause 13.4 (Liquidated Damages) and Clause 24.4 (Railway Costs) are sub-caps to the Aggregate Liability Cap.

More Definitions of Aggregate Liability Cap

Aggregate Liability Cap means, in relation to each Contract Year, an amount calculated in accordance with the following formula: where: ALC is the aggregate liability cap in relation to the relevant Contract Year; LC is the Liability Cap under this contract in relation to the relevant Contract Year; and CCLC means: for the purposes of determining in accordance with paragraph 3 of this Schedule 9 whether Network Rail's liability under this contract in that Contract Year would exceed the Aggregate Liability Cap for that Contract Year if a payment were to be made under paragraph 3 of this Schedule 9, the aggregate value of:

Aggregate Liability Cap has the meaning given to it in Clause 37.1 (Limits of Liability).

Aggregate Liability Cap means the amount specified as such in Schedule 1; "Available" has the meaning given in clause 7.1(b);

Aggregate Liability Cap is defined in Section 8.2.

Aggregate Liability Cap means the amount specified as such in Schedule 1;

Aggregate Liability Cap means, in relation to each Contract Year, an amount calculated in accordance with the following formula: where: ALC is the aggregate liability cap in relation to the relevant Contract Year; LC is the Liability Cap under this contract in relation to the relevant Contract Year; and CCLC means: for the purposes of determining in accordance with paragraph 3 of this Schedule 9 whether Network Rail's liability under this contract in that Contract Year would exceed the Aggregate Liability Cap for that Contract Year if a payment were to be made under paragraph 3 of this Schedule 9, the aggregate value of: all Network Rail Relevant Claims in that Contract Year; and all previous claims against Network Rail under this contract in that Contract Year for which Network Rail is liable to make a payment in accordance with paragraph 3 of this Schedule 9; and for the purposes of determining in accordance with paragraph 4 of this Schedule 9 whether the Train Operator's liability under this contract in that Contract Year would exceed the Aggregate Liability Cap for that Contract Year if a payment were to be made under paragraph 4 of this Schedule 9, the aggregate value of: all Train Operator Relevant Claims in that Contract Year; and all previous claims against the Train Operator under this contract in that Contract Year for which the Train Operator is liable to make a payment in accordance with paragraph 4 of this Schedule 9, in each case calculated at the time at which a determination is made, in accordance with paragraph 3 (in the case of Network Rail) or paragraph 4 (in the case of the Train Operator) of this Schedule 9, as to whether Network Rail's or the Train Operator's (as the case may be) liability under this contract would exceed the Aggregate Liability Cap for the relevant Contract Year.

Aggregate Liability Cap has the meaning set forth in Section 10.2(b)(v).