Quick Reference: Liability Clause Moves
Recall practical review moves for liability caps, damages exclusions, indemnity, and liquidated damages.
Cap What is the first move with a liability cap? Do the math. Calculate the dollar amount the words produce. Check fee base, time window, affected order, paid vs payable, and claim date. Damages Cap vs. damages exclusion You need both. A generous cap can still be hollow if the likely damages category is excluded. Indemnity Why not indemnify us for any claim related to the services? The trigger is broader than fault. Your line We can indemnify for third-party claims to the extent caused by our breach, negligence, willful misconduct, IP infringement, or data violation. Accepting 'related to' can…
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