Common use of Additional Limitations on Liability Clause in Contracts

Additional Limitations on Liability. Neither Party shall have any liability to the other Party for consequential, indirect, special or punitive damages, including lost profits or lost revenues, arising out of such Party’s errors and omissions for activities under this Agreement not covered by Section 20.1 As a result, liability hereunder for such activities is limited to direct damages. Other than its duty to deliver electric energy and capacity, which is governed by Section 20.1, the Company shall have no duty or liability to the Supplier providing Competitive Energy Supply based on the rights and responsibilities that exist under the contract or other relationship between the Supplier and a Customer of the Supplier. The Company shall implement Customer selection of a Supplier consistent with the Applicable Legal Authorities and shall have no liability to the Supplier arising out of or related to Customers’ decisions in switching among the Suppliers. This Agreement does not create any duty or liability to Customers for the errors or omissions of the Company or the Supplier. If any liability for a Customer's lost savings arising out of an error or omission in customer enrollment or switching should be imposed upon a Party by the Applicable Legal Authorities, and analysis of the EDI transaction trail for the transaction at issue demonstrates that the error or omission was caused by the other Party, the financial responsibility for that liability shall be assumed by such other Party.

Additional Limitations on Liability. Neither Party shall have any liability to the other Party for consequential, indirect, special or punitive damages, including lost profits or lost revenues, arising out of such Party’s errors and omissions for activities under this Agreement not covered by Section 20.1 20.1. As a result, liability hereunder for such activities is limited to direct damages. Other than its duty to deliver electric energy and capacity, which is governed by Section 20.1, the Company shall have no duty or liability to the Supplier providing Competitive Energy Supply based on the rights and responsibilities that exist under the contract or other relationship between the Supplier and a Customer of the Supplier. The Company shall implement Customer selection of a Supplier consistent with the Applicable Legal Authorities and shall have no liability to the Supplier arising out of or related to Customers’ decisions in switching among the Suppliers. This Agreement does not create any duty or liability to Customers for the errors or omissions of the Company or the Supplier. If any liability for a Customer's lost savings arising out of an error or omission in customer enrollment or switching should be imposed upon a Party by the Applicable Legal Authorities, and analysis of the EDI transaction trail for the transaction at issue demonstrates that the error or omission was caused by the other Party, the financial responsibility for that liability shall be assumed by such other Party.