they were put in place because Microsoft wanted an upper limit on their liability and Vringo agreed to it. Microsoft already has an "out" if Google pays little or nothing... they pay little or nothing as well.
Foo the problem you are having is that you are taking a press release which is part fact and part commentary and trying to read it like it was a court order or an iron clad contract facts read as follows plus five percent of any amounts Google pays for use of the patents I/P Engine acquired from Lycos the parties also agree to a limitation on Microsofts total liability. Now the commentary which would not impact the company unless the amounts received from Google substantially exceed the judgment previously awarded
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