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Master Services AgreementCl. 8 — Limitation of liability
8.2Limitation of Liability. In no event shall either party’s aggregate liability arising out of this Agreement exceed the total fees paid or payable in the twelve (12) months preceding the claim five million dollars ($5,000,000), except in respect of a breach of Section 9 (Confidentiality), for which liability shall be capped at three times the annual fees unlimited.
Two departures from your playbook, marked where a reviewer would mark them.
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