Client Friendly Limitation of Liability Contract Clause

Limitation of Liability

1. Nothing in this Agreement shall limit or exclude the liability of either party for: a) death or personal injury resulting from negligence; b) fraud or fraudulent misrepresentation; c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or d) any other matter for which liability cannot be limited or excluded by law.

2. Subject to clause 1, the Service Provider's total liability to the Client, whether in contract, tort (including negligence), for breach of statutory duty, misrepresentation, restitution or otherwise, arising under or in connection with the performance or contemplated performance of this Agreement shall not exceed the greater of: a) £5,000,000; or b) 150% of the total Charges paid by the Client to the Service Provider under this Agreement.