Enhanced Cap definition
Examples of Enhanced Cap in a sentence
For all Enhanced Claims, each party’s entire liability will not exceed the Enhanced Cap.
If the liability of a Party is based on the [***] the limitation in this Section 20.1 will be expanded to include an additional amount so that the aggregate liability of that Party under this Section 20.1 will be limited in the aggregate for all claims to the Enhanced Cap.
For the avoidance of doubt, the aggregate liability of a Party under Section 20.1 will never be greater than the Enhanced Cap.
Notwithstanding the foregoing, the Indemnification obligations for infringement claims shall not be subject to the Cap Amount, the Annual Enhanced Cap Amount, or the exclusion for consequential damages.
Instead, an annual enhanced liability cap (“Annual Enhanced Cap Amount”) in an amount equal to the lesser of (i) [*] paid [*] during the applicable year (excluding any charges and costs passed through by StarTek) or (ii) [*] will apply to such claims.
For the avoidance of doubt, the Enhanced Cap is in addition to Provider's liability under Section 23.2 for damages (other than for Data Breaches or damages for wrongful termination or Willful Abandonment, and indemnification claims with respect to Section 22.1(c), (d), (e), (f), (g), and (h)).
Charges paid and payable by WG to Service Provider pursuant to Article 6, Invoicing and Payment [***] shall not apply against the Cap or the Enhanced Cap and will not be considered excluded by Section 20.3 below.
Similarly, the caps are not cumulative and if a Party recovers amounts pursuant to one or more claims subject to the General Cap and/or the Enhanced Cap, those amounts shall be deducted from each cap.
Notwithstanding any other provision of the Agreement, Provider shall, subject to the Enhanced Cap, reimburse Company for proven reasonable and customary out of pocket costs and expenses reasonably incurred by the Company Entities to the extent attributable to any violation of Provider’s duties hereunder with respect to safekeeping of Company Data or Personal Data of the Company Entities (“Reasonable and Customary Costs”).