8 Sept 2010
I-HEALTH LIMITED V ISOFT NZ LIMITED AND ANOR HC AK CIV-2006-404-007881
- Citation
- openlaw-3499c3c7_21f7_4b46_bb2a_dba7a9a9512b.pdf
- Court
- High Court
Clause 3.1(k) of the Variation Agreement limits the defendants' aggregate liability for breaches of the agreement (including breaches of clauses 3 and 3A and the best endeavours obligations) to $5,000,000; the exclusion in the second sentence of 3.1(k) applies only to the purchaser's payment obligations defined as the purchase price and payments under clauses 3A(a)–(f) for software revenue actually received, and does not exclude interest — any interest awarded (including under s 87) falls within the $5,000,000 cap.