(f) power failure or breakdown in machinery.
10.2 Except in the case of personal injury or death caused by negligence, the liability of SS Computer Services Ltd hereunder in respect of any Default shall not exceed the lower of the value of the relevant Agreement and £5m.
10.3 SS Computer Services Ltd shall not be liable to THE CLIENT for any of the following types of loss (whether claimed in Agreement, tort – including negligence – or any other cause of action): loss of profits, loss of anticipated savings, loss of business and loss of opportunity.
10.4 SS Computer Services Ltd shall maintain in force employers liability insurance and public liability insurance with a limit of indemnity of not less than £10m for any one incident.
11.1 To the extent that any provision of these Terms is found by any court of competent authority to be void, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be part of these Terms, it shall not affect the enforceability of the remainder of these Terms not shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.2 No servant or agent of either party has any authority to make any representation or to agree to any variation or waiver, warranty, representation or addition unless it is expressed in writing and signed on behalf of that party by a director of that party.
11.3 The headings of these Terms are for convenience only and shall not affect their interpretation.
11.4 No single or partial exercise or failure or delay in exercising any right, power or remedy by either party shall constitute a waiver by that party of, or impair or preclude any further exercise of that or any right, power, or remedy arising under a Agreement or otherwise.
11.5 Either party may, in whole or in part, release, compound, compromise, waive or postpone, in its absolute discretion, any liability owed to it or right granted to it under any Agreement by the other party without in any way prejudicing or affecting its rights in respect of any other liability or right so released, compounded, compromised, waived or postponed.
These Terms shall be governed by and construed in accordance with English laws and each party irrevocably submits for all purposes in connection with these Terms to the exclusive jurisdiction of the courts of England.
13. Non solicitation
THE CLIENT shall not for a period of 12 months after the completion of the Services directly or indirectly canvas, solicit or approach any person or persons employed by SS Computer Services Ltd.
If THE CLIENT shall be in breach of the foregoing obligation THE CLIENT shall pay to SS Computer Services Ltd an amount equal to 100% of the annual remuneration package paid to such employee at the time of the occurrence of the breach. (Such amount being a genuine pre-estimate of the loss which SS Computer Services Ltd will suffer on account of a breach of this clause by THE CLIENT).
14. Exclusion of third party rights
Unless expressly provided for in these Conditions, no Term is enforceable pursuant to the Agreements (Rights of Third Parties) Act 1999 by any person who is not a party to them.