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A limitation period is the period of time within which a party to a contract must bring a claim. In construction contracts, limitation periods are often relevant in relation to defects claims brought against contractors.
A limitation of liability clause in a contract limits the amount of money or damages that one party can recover from another party for bdocHubes or performance failures. In other words, the clause can put a cap on the number of damages the organization will have to pay under certain circumstances.
An exclusion clause (or exemption clause) is a provision in a contract included by a party to try and exclude or limit their liability for conduct that would otherwise bdocHub the contract or constitute a tort.
Generally, there are two components to limitation of liability provisions: (1) limiting damages to certain types of liability; and, (2) limiting the amount of potential liability.
Neither Party shall have any Liability to the other Party in the event that any information exchanged or provided pursuant to this Agreement is found to be inaccurate in the absence of gross negligence, bad faith or willful misconduct by the Party providing such information.
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An exclusion clause is a clause that excludes or restricts liability. Therefore, it is a clause under which a party seeks to exclude or limit its liability for non-performance of the contract. For example, such a clause may set a monetary cap on liability or restrict or exclude the rules of procedure or evidence.
Limitations of liability could apply in virtually any contract, across any industry and for any value. For every contract you enter, it is a good rule of thumb to ask yourself: whats the worst-case scenario in terms of damages I could incur if I bdocHub the contract or am negligent and cause harm to the other party?
Approach to negotiations Identify the risks. Consider other ways to minimise the risks. Consider insurance. Decide which liabilities to exclude, cap or accept. See Exclude, cap or accept?. Draft an enforceable limitation clause. See Drafting for enforceability.
In many agreements, you may find a clause labeled limitation of remedy. This clause is largely similar to a limitation of liability clause in that it controls how much responsibility a company has under a contract. Often, however, the limitation of remedy clauses limits the types of remedies you can pursue.
A limitation of liability clause is essential in a contract because it provides certainty and acts as a safety net, clearly outlining what you are liable for in the event of a bdocHub of contract.

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