Clauses 12.1 to 12.4 (inclusive) are subject to this clause 12.5.</p>13 <strong>Limitation of liability</strong> <p> <strong>13.1</strong> The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation or under any indemnity) shall be as set out in this clause 13.</p> <p> <strong>13.2</strong> Subject to clauses 13.3 and 13.5, Klevu’s liability under the Contract shall not exceed, in the aggregate, the greater of:</p> <ul> <li> <strong>13.2.1</strong> an amount equal to the Fees paid to Klevu by the Client in the 12-month period immediately preceding the first incident giving rise to any claim under the Contract. or</li> <li> <strong>13.2.2</strong> an amount equal to the Fees paid or due to be paid by the Client for the initial 12-month period of the Term, as set out in the Order.</li> </ul> <p> <strong>13.3</strong> Subject to clause 13.5, neither party will be liable for any of the following (whether direct or indirect): any consequential, indirect or special losses.