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47 Pages Reviewed.
13 Flags. 52 Seconds.
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MSA_ClientCo_V3_Final.PDF· 47 pages
CL.12.3 · PAGE 28 · LIABILITY AND INDEMNITY
Clause text
“The Service Provider shall be liable for any and all losses, damages, and liabilities of whatsoever nature arising out of or in connection with this Agreement, whether by negligence or otherwise.”
Evatt’s reasoning
This clause creates unlimited liability with no cap. Standard AU commercial practice limits liability to the greater of a fixed sum or fees paid. The absence of this cap is a material departure from market.
Recommended action
Negotiate to insert: “…provided that [Provider]’s total aggregate liability shall not exceed the fees paid by [Client] in the twelve (12) months immediately preceding the claim.”
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