Common use of Contractor Aggregate Liability Clause in Contracts

Contractor Aggregate Liability. Notwithstanding any other provisions of this Agreement to the contrary, Contractor Group shall not be liable to Owner Group under this Agreement or under any cause of action related to the subject matter of this Agreement or the Chart Sublicense Agreement, whether in contract, warranty, tort (including negligence), strict liability, products liability, professional liability, indemnity, contribution or any other cause of action, in excess of a cumulative aggregate amount equal to the Aggregate Cap, and Owner shall release Contractor Group from any liability in excess thereof; provided that, notwithstanding the foregoing, the limitation of liability set forth in this Section 20.1 shall not (i) apply to (A) Contractor’s indemnification obligations under Sections 17.1B, 17.1E, 17.1F, 17.1G, 17.2 and 17.5, (B) Contactor’s defense and indemnity obligations under Section 4.3 of the Chart Sublicense Agreement, or (C) Contractor’s obligations under 8.1A.1; or (ii) include the proceeds paid under any insurance policy that Contractor or its Subcontractors is required to obtain pursuant to this Agreement or Subcontract, as the case may be (collectively, provisions (i) and (ii) being the “Carve-Outs”). In no event shall the limitation of liability set forth in this Section 20.1 be in any way deemed to limit Contractor’s obligation to perform all Work required to achieve Ready for Performance Testing.

Contractor Aggregate Liability. Notwithstanding any other provisions of this Agreement anything to the contrarycontrary in this Agreement, Contractor Group shall not be liable to Owner Group under this Agreement or under any cause of action related to the subject matter of this Agreement or the Chart Sublicense Agreement, whether in contract, warranty, tort (including negligence), strict liability, products liability, professional liability, indemnity, contribution contribution, or any other cause of action, for cumulative aggregate amounts in excess of a cumulative aggregate amount equal to the Aggregate Cap, *** U.S. Dollars (U.S. $***) and Owner shall release Contractor Group from any liability in excess thereof; provided that, notwithstanding the foregoing, the limitation of liability and release set forth in this Section 20.1 shall not (ia) apply in the event of Contractor’s fraud or Abandonment of the Work; (b) apply to Contractor’s obligation to deliver to Owner full legal title to and ownership of all of the Work; (Ac) apply to Contractor’s indemnification obligations for third party claims under this Agreement under Sections 17.1A, 17.1B, 17.1C, 17.1E, 17.1F, 17.1G, 17.2 and 17.5, (B) Contactor’s defense and indemnity 17.2A or 17.2C or its obligations under Section 4.3 of the Chart Sublicense AgreementSections 8.2A, 9.1E, 17.5 or (C) Contractor’s obligations under 8.1A.117.6; or (iiiv) include the payment of proceeds paid under any insurance policy that of Contractor or its Subcontractors is required to obtain pursuant to be provided under this Agreement or Subcontract, as the case may be (collectively, provisions (i) and (ii) being the “Carve-Outs”)Agreement. In no event shall the limitation of liability set forth in this Section 20.1 be in any way deemed to limit Contractor’s obligation under this Agreement to perform all Work required for the compensation provided under this Agreement, including achieving Substantial Completion and Final Completion. For avoidance of doubt, amounts paid to achieve Ready Owner by Contractor for Performance Testing.Liquidated Damages shall be counted against the limitation of liability set forth in this Section 20.1. For the purposes of this Section 20.1 and Section 20.4, the term “third party” means any Person other than Owner Group or Contractor Group, except that “third party" expressly includes employees, officers and directors of Owner Group and Contractor Group. 135

Contractor Aggregate Liability. Notwithstanding any other provisions of this Agreement to the contrary, Contractor Group shall not be liable to Owner Group under this Agreement or under any cause of action related to the subject matter of this Agreement or the Chart Sublicense Agreement, whether in contract, warranty, tort (including negligence), strict liability, products liability, professional liability, indemnity, contribution or any other cause of action, in excess of a cumulative aggregate amount equal to the Aggregate Cap, and Owner shall release Contractor Group from any liability in excess thereof; provided that, notwithstanding the foregoing, the limitation of liability set forth in this Section 20.1 shall not (i) apply to (A) Contractor’s indemnification obligations under Sections 17.1B, 17.1E, 17.1F, 17.1G, 17.2 and 17.5, (B) Contactor’s defense and indemnity obligations under Section 4.3 of the Chart Sublicense Agreement, or (C) Contractor’s obligations under 8.1A.1; or (ii) include the proceeds paid under any insurance policy that Contractor or its Subcontractors is required to obtain pursuant to this Agreement or Subcontract, as the case may be (collectively, provisions (i) and (ii) being the “Carve-Outs”). In no event shall the limitation of liability set forth in this Section 20.1 be in any way deemed to limit Contractor’s obligation to perform all Work required to achieve Ready for Performance TestingTesting for any Project.