Tech Attorney Cohort

Part #2 of a 3-Part saas Training Series

Different Ways a Liability Cap is Written in SaaS Contracts

Limitation of Liability Series: Structure Before Amount

Missed Part 1:
Two Words that Multiply Exposure: Aggregate vs.Per-Claim Caps
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Video Highlights

The main common cap structures
When caps grow or reset
Exhaustible pots versus refreshed caps

Video Recap: Compare the ecommon liability cap structures and see how accumulation, resetting and calculation dates change the financial impact.

Liability can be capped by total fees, each claim, a fixed term amount, or fees from the 12 months before the first or relevant claim.

The same amount can create different risks: total-fees caps may grow, fixed caps may outdate an expanded deal, first-claim calculations create one pot, and claim-based calculations may reset.

Continue the series...

Next Video: Part 3 brings the structures together in practical drafting language. It uses two major technology disputes to show which words indicate one aggregate cap and how to avoid a calculation mechanism that appears to reset for every claim.