This Liability Clause, also known as a “limitation of liability” clause, sets out the limits of liability for each party to a contract. Certain categories of liability cannot be excluded or limited, and this is set out at the start of the clause. Other specific categories are excluded. Any remaining liability is subject to a cap, with separate caps set out for each party. Optional references to other clauses in a contract in respect of which the cap does not apply (such as an indemnity clause) have also been included.
This template clause can be used in the drafting of a new contract or to amend or improve an existing one.
Optional text is enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
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