Client Friendly Limitation of Liability Contract Clause

Limitation of Liability

1. Neither party excludes or limits liability to the other party for: a) fraud or fraudulent misrepresentation; b) death or personal injury caused by negligence; c) a breach of any 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 matter in respect of which it would be unlawful for the parties to exclude liability.

2. Subject to clause 1, the Service Provider's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the greater of: a) $5,000,000; or b) 200% of the total Charges paid by the Client to the Service Provider under this Agreement.