Subject to clause 13.1 and clause 11 (Indemnities) (other than clause 11.3 (b) as capped below) for which there will be no cap on liability, each party's total aggregate liability arising out of, or in connection with this Agreement whether in contract, tort (including negligence) breach of statutory duty, or otherwise, shall:</p> <ul> <li>(a) in relation to the indemnities in clause 11.3(b) (data protection) be capped at £1,000,000 (one million pounds);</li> <li>(b) therwise in no event exceed the annual Fees paid by the Customer in the previous 12 months.</li> </ul> </li> <li> <p>If at any time an allegation of infringement is made in respect of the Platform and/or Services, Wirewax may at its own expense:</p> <ul> <li>