Question: Consider the e-business Hosting Agreement between IBM and The Quantum Group Inc.; Is there a cap on liability under this contract?
Relevant contract clauses:
[{"span": [18007, 18297], "answer": "IBM will give Customer a credit equal to the amount Customer paid IBM for the applicable Materials or for use of the applicable Base Components up to a maximum of twelve (12) months of applicable charges. This is IBM's entire obligation to Customer with regard to any claim of infringement.", "file_path": "cuad/QuantumGroupIncFl_20090120_8-K_EX-99.2_3672910_EX-99.2_Hosting Agreement.txt"}, {"span": [19871, 20476], "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: indemnification payments as provided in Section 8.1; damages for bodily injury (including death) and damage to real property and tangible personal property; and 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/QuantumGroupIncFl_20090120_8-K_EX-99.2_3672910_EX-99.2_Hosting Agreement.txt"}, {"span": [20558, 20668], "answer": "It is the cumulative maximum for which IBM and its Affiliates and Subcontractors are collectively responsible.", "file_path": "cuad/QuantumGroupIncFl_20090120_8-K_EX-99.2_3672910_EX-99.2_Hosting Agreement.txt"}, {"span": [21007, 21456], "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 10.0 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/QuantumGroupIncFl_20090120_8-K_EX-99.2_3672910_EX-99.2_Hosting Agreement.txt"}, {"span": [28104, 28568], "answer": "If such modification has a material adverse effect on the Customer's use of the Services and provided such modification is not required by law, regulation, or similar governmental action, or a ruling by a court of competent jurisdiction, Customer's sole remedy is to terminate this Agreement without the payment of termination charges provided Customer gives IBM notice of its intent to terminate within ninety (90) days of the effective date of such modification.", "file_path": "cuad/QuantumGroupIncFl_20090120_8-K_EX-99.2_3672910_EX-99.2_Hosting Agreement.txt"}, {"span": [33499, 33619], "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/QuantumGroupIncFl_20090120_8-K_EX-99.2_3672910_EX-99.2_Hosting Agreement.txt"}, {"span": [87878, 88024], "answer": "Customer agrees that its sole remedy for IBM's failure to meet an SLA Target Percentage is the Availability Credit as provided in this Attachment.", "file_path": "cuad/QuantumGroupIncFl_20090120_8-K_EX-99.2_3672910_EX-99.2_Hosting Agreement.txt"}]