Mutual Limitation of Liability Contract Clause

Limitation of Liability

1. Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:

   • death or personal injury caused by negligence;
   • fraud or fraudulent misrepresentation; and
   • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

2. Subject to clause 1, neither party shall be liable to the other, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:

   • loss of profits;
   • loss of sales or business;
   • loss of agreements or contracts;
   • loss of anticipated savings;
   • loss of use or corruption of software, data or information;
   • loss of or damage to goodwill; and
   • any indirect or consequential loss.

3. Subject to clause 1, each party's total liability to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the total Charges paid under this Agreement.

4. This clause shall survive termination of this Agreement.