Subject: Some sample clauses
From: [email-masked]
To: [email-masked]
Cc: [email-masked]
Date: Mon, 10 Jul 2000 12:12:00 -0700 (PDT)

Here's a couple of clauses from some other contracts:

From ABB contract:

Maximum Liability.  Seller,s maximum aggregate liability for claims by 
Purchaser arising out of Seller,s performance of this Agreement whether 
arising from tort (including negligence), breach of contract or any other 
cause of action is limited to one hundred percent (100%) of the Purchase 
Amount; provided, however, that the foregoing limitation of liability of 
Seller shall not apply to the following: 

(i) under Article XX (Indemnification);

(ii) under Article XXIV (Liens and Claims);

(iii) Section 3.8(a) and 3.8(b), (Compliance with Governmental Rules);

(iv) Section 5.2 (Taxes);

(v) Article XIX obligation to maintain insurance; 

(vi) arising from or related to environmental harm caused by an action or 
inaction of Seller, its agents, employees or Vendors during the performance 
of the Scope of Work;

(vii) resulting from the gross negligence or willful misconduct of Seller, 
their agents, employees or Vendors;

(viii) patent or copyright infringement in accordance with Section 15.2, or
(ix) Article XXI (Non-Disclosure of Information).
      
which liabilities shall not be limited.  Additionally, any liability of 
Seller provided for by the proceeds of the insurance maintained pursuant to 
Article XIX shall not be counted toward any of the foregoing limitations of 
liability. 

The indemnity language in the ABB contract probably wouldn't work.  I'll look 
around.