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Global_Cloud_Infrastructure_Agreement_v4.2.pdf
Page 14 of 92100% Zoom
HASH: 8f92-ec7a

ARTICLE 4.2: INDEMNIFICATION & LIABILITY CAPS

Except as specifically provided in Section 4.3 (Gross Negligence), the aggregate liability of either party arising out of or related to this Service Master Agreement shall not exceed the total fees paid or payable by Client under the applicable Order in the twelve (12) month period preceding the incident.

CITATION TARGET [Section 4.2.1]

“Notwithstanding the foregoing, data breach notification indemnification shall be capped separately at a maximum of $10,000,000 USD, payable within 30 calendar business days of audit confirmation.”

Neither party shall be liable for indirect, incidental, punitive, or consequential damages resulting from lost computational uptime or third-party service degradation.

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What is the liability cap for data breaches, and what is the payment schedule?
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Data breach indemnification is capped separately at $10,000,000 USD.

Payment must be settled within 30 calendar business days following an audited confirmation.

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Tesla Q4 2024 Shareholder Update (84 Pages)
SEC 10-K Ingestion
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Automotive gross margin excluding regulatory credits was 17.2%, representing an expansion of 90 basis points sequentially. Free cash flow reached $3.12B, an increase of 42% relative to Q3's $2.19B, driven primarily by favorable inventory turnover and energy storage deployment momentum.

Citations: Page 22 (Table 3: GAAP to Non-GAAP) Page 31 (Cash Flow Waterfall)
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