Indemnification and Limitations Of Liability
It is understood by you that under the terms of this Agreement, GOGIGA X may provide ideas, recommendations, and certain Services (as identified in the applicable Statement Of Work) to you, and you shall be responsible for how you subsequently uses those ideas, recommendations, and Services. Each Party shall be liable only for damages that might arise from the performance of its own responsibilities created herein.
You shall indemnify, defend, and hold harmless GOGIGA X and its officers, employees, partners, agents, principals, and sub-contractors, from any and all losses, liabilities, and claims, including costs and expenses, arising out of or resulting from your subsequent use of GOGIGA X’s ideas, recommendations, Services, or other work provided to you by GOGIGA X under this Agreement. You agree to indemnify and hold GOGIGA X harmless from any claims resulting from your use of our products and services that damage you or another party.
EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY. UNLESS FURTHER LIMITED ELSEWHERE IN THIS AGREEMENT, THE ENTIRE LIABILITY OF GOGIGA X, AND CUSTOMER’S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), WILL NOT IN THE AGGREGATE EXCEED THE LESSER OF (a) THE FEES PAID TO GOGIGA X BY YOU PURSUANT TO THE SOWS (FOR WHICH SUCH SERVICES GAVE RISE TO THE LIABILITY) FOR THE SIX (6) MONTHS PRIOR TO THE MONTH IN WHICH THE MOST CURRENT EVENT GIVING RISE TO THE LIABILITY OCCURRED, OR (b) THE FEES PAID TO GOGIGA X BY CLIENT PURSUANT TO THE SOW(S) FOR WHICH SUCH SERVICES GAVE RISE TO THE LIABILITY.
DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT SHALL GOGIGA X BE LIABLE FOR INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, REVENUES, PROFITS OR SAVINGS, OR LOSS OF OR DAMAGE TO CLIENT DATA FROM ANY CAUSE, EVEN IF GOGIGA X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
