any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.</li> </ol> </li> <li>Nothing in this Agreement excludes our liability: <ol> <li>for death or personal injury caused by our negligence. or</li> <li>for fraud or fraudulent misrepresentation.</li> </ol> </li> <li>IRCCloud shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement.</li> <li>To the extent that IRCCloud is liable under this Agreement, IRCCloud’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total Fees paid in the twelve (12) month period immediately preceding the date on which the liability arose.</li> </ol> 14.