Unless otherwise agreed to in writing by Kamstrup, this Agreement neither includes any liquidated damages for late deliveries nor any Service Level Agreements (SLAs) for connectivity Services. However, Kamstrup acknowledges that Customer may have certain requirements in these respects and, upon Customer’s request, undertakes to use to negotiate in good faith to amend any Subscription contract to include SLAs.
Limitation of Liability
Kamstrup’s maximum aggregate liability under or in connection with this Agreement and the Subscription contract(s) (whether in contract, tort (including negligence), breach of statutory duty, indemnity, or otherwise) is limited in each consecutive 12-month period starting on the date of the effective date of the relevant Subscription contract ("Liability Period") to 50% of the amount of the annual Charges paid or payable by Customer in respect of that Liability Period.
Notwithstanding the above exclusions, neither party excludes or limits any liability that cannot be excluded or limited by applicable law.