Mutual Limitation of Liability Contract Clause

Limitation of Liability

1. Limitation of Liability. To the fullest extent permitted by law, each party's total liability arising out of or related to this Agreement, whether in contract, tort (including negligence), or any other legal or equitable theory will be limited to the total amount paid by the other party under this Agreement for the Services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose. The foregoing will not limit either party's liability for death or bodily injury caused by their negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

2. Exclusion of Consequential and Related Damages. In no event will either party have any liability to the other party for any lost profits, revenues or indirect, special, incidental, consequential, cover or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party has been advised of the possibility of such damages. The foregoing disclaimer will not apply to the extent prohibited by law.