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Increased and Unlimited Claims (optional)

Common Paper Cloud Service Agreement v1 and v2 terms: Increased Claims, Increased Cap Amount and Unlimited Claims (renamed Supercap and Uncapped Claims in v3)

Written by Mark Frantz

This article applies to versions 1.x and 2.x of the Cloud Service Agreement. In version 3.0, the Increased Cap Amount was renamed the Supercap and Unlimited Claims was renamed Uncapped Claims. For version 3.0, see Supercap and Increased Claims and Uncapped Claims. Learn more about agreement versions here.

Increased and Unlimited Claims are variables that appear in the Cloud Service Agreement Cover Page, in the Key Terms section. This section is for your agreements' key legal terms.

Both Increased and Unlimited Claims are optional variables.

How to fill these out

Are there any violations of the contract terms that should result in damages for more than the General Cap Amount? Typically, these might be related to privacy, security, confidentiality, gross negligence, or willful misconduct.

The default is to not include these, but you can add them by checking them off.

Increased Claims

What contractual breaches should result in an increased, but not unlimited, damages cap?

Increased Cap Amount

For the contractual breaches you just identified, what should the maximum amount of damages be?

Default: 5x the fees paid or payable by Customer to Provider in the 12 month period immediately before the claim

Unlimited Claims

What contractual breaches should result in an unlimited damages cap?

Tip: You can select something as an Increased Claim or an Unlimited Claim, but not both.

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