Here's a couple of clauses from some other contracts: From ABB contract: Maximum Liability. Seller=01,s maximum aggregate liability for claims by= =20 Purchaser arising out of Seller=01,s performance of this Agreement whether= =20 arising from tort (including negligence), breach of contract or any other= =20 cause of action is limited to one hundred percent (100%) of the Purchase=20 Amount; provided, however, that the foregoing limitation of liability of=20 Seller shall not apply to the following:=20 (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;=20 (vi) arising from or related to environmental harm caused by an action or= =20 inaction of Seller, its agents, employees or Vendors during the performance= =20 of the Scope of Work; (vii) resulting from the gross negligence or willful misconduct of Seller,= =20 their agents, employees or Vendors; (viii) patent or copyright infringement in accordance with Section 15.2, or (ix) Article XXI (Non-Disclosure of Information). =20 which liabilities shall not be limited. Additionally, any liability of=20 Seller provided for by the proceeds of the insurance maintained pursuant to= =20 Article XIX shall not be counted toward any of the foregoing limitations of= =20 liability.=20 The indemnity language in the ABB contract probably wouldn't work. I'll lo= ok=20 around.

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Some sample clauses