Question: Consider the e-business Hosting Agreement between Bluefly, Inc. and International Business Machines Corporation; Is there a cap on liability under this contract?
Relevant contract clauses:
[{"span": [17797, 17888], "answer": "This is IBM's entire obligation       to Customer with regard to any claim of infringement.", "file_path": "cuad/BLUEFLYINC_03_27_2002-EX-10.27-e-business Hosting Agreement.txt"}, {"span": [20201, 20851], "answer": "Regardless of the basis on which Customer is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than:\n\na.    indemnification payments as provided in Section 8.1;\n\nb.    damages for bodily injury (including death) and damage to real property       and tangible personal property; and\n\nc.    the amount of any other actual direct damages, up to the greater of       $100,000 or the charges paid by Customer to IBM for the Services in the       twelve (12) months immediately preceding the accrual of the first claim       related to the Services.", "file_path": "cuad/BLUEFLYINC_03_27_2002-EX-10.27-e-business Hosting Agreement.txt"}, {"span": [20938, 21054], "answer": "It is the cumulative maximum for which IBM       and its Affiliates and Subcontractors are collectively responsible.", "file_path": "cuad/BLUEFLYINC_03_27_2002-EX-10.27-e-business Hosting Agreement.txt"}, {"span": [21598, 22233], "answer": "Regardless of the basis on which IBM is entitled to claim damages from Customer (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), Customer is liable for no more than:\n\na.    Indemnification payments as provided in Section 8.2;\n\nb.    damages for bodily injury (including death) and damage to real property       and tangible personal property; and\n\n(c) the amount of any other actual direct damages, up to the greater of $100,000 or the charges paid by Customer to IBM for the Services in the twelve (12) months immediately preceding the accrual of the first claim related to the Services.", "file_path": "cuad/BLUEFLYINC_03_27_2002-EX-10.27-e-business Hosting Agreement.txt"}, {"span": [22300, 22396], "answer": "It is the cumulative maximum for which Customer and its Affiliates are collectively responsible.", "file_path": "cuad/BLUEFLYINC_03_27_2002-EX-10.27-e-business Hosting Agreement.txt"}, {"span": [22758, 23241], "answer": "In no event will either party be liable to the other for special,       incidental, or indirect damages or for any consequential damages       (including lost profits or savings), even if they are informed of the       possibility; provided that this Section 10 does not apply to Customer's       failure to pay any amounts owing to IBM under this Agreement (including       amounts owing for Services that would have been rendered but for       Customer's breach of this Agreement).", "file_path": "cuad/BLUEFLYINC_03_27_2002-EX-10.27-e-business Hosting Agreement.txt"}, {"span": [32588, 32708], "answer": "Neither party will bring a legal action related to this Agreement more than two years after the cause of action accrued.", "file_path": "cuad/BLUEFLYINC_03_27_2002-EX-10.27-e-business Hosting Agreement.txt"}]