Limitations on Liability; Exclusion of Damages: ELLUCIAN'S CUMULATIVE LIABILITY IN CONNECTION WITH THE CLOUD SERVICES OR ANY OTHER MATTER RELATING TO THIS ORDER FORM WILL NOT EXCEED THE FEES THAT CLIENT ACTUALLY PAID TO ELLUCIAN FOR SUCH CLOUD SERVICES FOR THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH SUCH LIABILITY FIRST AROSE. IN NO EVENT WILL ELLUCIAN BE LIABLE TO CLIENT FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOST BUSINESS OR LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ELLUCIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Subcontracting: Client understands and agrees that Ellucian may subcontract with Ellucian-affiliated companies and/or third parties to perform some or all of the Cloud Services described in this Order Form, provided, however, that: (i) Ellucian will not be relieved of any duty, responsibility or liability under this Order Form by reason of any such subcontracting, and (ii) Ellucian will at all times remain responsible to Client for the performance of the Cloud Services under this Order Form.
By the execution of this Order Form, each party represents and warrants that it is bound by the signature of its respective signatory. Except as amended by this non-cancelable Order Form, the terms of the Agreement remain unchanged and in full force and effect; any fees due under this Order Form are in addition to and not in lieu of fees already due or scheduled to come due under the Agreement.
EllucianClient
By:Authorized SignatureBy:Authorized Signature
Name:PrintedName:Printed
Title:Title:
Date:Date:
The last date of signature above is the “Execution Date” of this Order Form. Client’s Billing Contact Information appears below.
Client Billing Contact Information:
Name:
Address:
City, State, Zip:
Kentucky State University (USA) DK
K12-BPC-172541-041018