Common use of LIMITATION OF LIABILITY Clause in Contracts

LIMITATION OF LIABILITY. 8.1 The total liability, whether in contract, in tort (including but not limited to negligence), breach of fiduciary duty, breach of statutory duty or otherwise, of a SLIP LEADER to all Subscribing Insurers on whose behalf it has acted, or is acting, under these Arrangements shall not exceed GBP 500,000 in respect of any one SCAP Claim (Liability Cap). 8.2 If the aggregate liability of a SLIP LEADER in respect of any one SCAP Claim would exceed the Liability Cap, the Subscribing Insurers shall each be entitled to be paid only a share of the Liability Cap calculated in proportion to the share of the (re)insurance underwritten by each Subscribing Insurer (excluding for the purposes of this clause any share underwritten by the SLIP LEADER). 8.3 A SLIP LEADER shall not be liable for loss of profits, loss of business, loss of use (in each case whether direct or indirect) or any other indirect, special, or consequential damages alleged to have been suffered by a Subscribing Insurer arising out of its breach of the terms of these Arrangements. 8.4 Nothing in these Arrangements shall exclude, restrict or limit a SLIP LEADER's liability for fraud or fraudulent misrepresentation, death or personal injury caused by its negligence or the negligence of its employees or agents and any matter in respect of which it would be unlawful to exclude or restrict liability.

LIMITATION OF LIABILITY. 8.1 11.1 The total liability, whether in contract, in tort (including but not limited to negligence), breach of fiduciary duty, breach of statutory duty or otherwise, of a SLIP LEADER to all Subscribing Insurers on whose behalf it has acted, or is acting, under these Arrangements shall not exceed GBP 500,000 in respect of any one SCAP Claim (Liability Cap). 8.2 11.2 If the aggregate liability of a SLIP LEADER in respect of any one SCAP Claim would exceed the Liability Cap, the Subscribing Insurers shall each be entitled to be paid only a share of the Liability Cap calculated in proportion to the share of the (re)insurance underwritten by each Subscribing Insurer (excluding for the purposes of this clause any share underwritten by the SLIP LEADER). 8.3 11.3 A SLIP LEADER shall not be liable for loss of profits, loss of business, loss of use (in each case whether direct or indirect) or any other indirect, special, or consequential damages alleged to have been suffered by a Subscribing Insurer arising out of its breach of the terms of these Arrangements. 8.4 11.4 Nothing in these Arrangements shall exclude, restrict or limit a SLIP LEADER's liability for fraud or fraudulent misrepresentation, death or personal injury caused by its negligence or the negligence of its employees or agents and any matter in respect of which it would be unlawful to exclude or restrict liability.