Common use of Contractor Aggregate Liability Clause in Contracts

Contractor Aggregate Liability. Notwithstanding anything to the contrary in this Agreement, Contractor Indemnified Parties shall not be liable to Owner Indemnified Parties under this Agreement or under any cause of action related to the subject matter of this Agreement, whether in contract, tort (including negligence), strict liability, products liability, indemnity, contribution or any other cause of action for cumulative aggregate amounts in excess of an amount equal to [***] U.S. DOLLARS (U.S.$ [***]) (“AGGREGATE CAP”)AND OWNER SHALL RELEASE CONTRACTOR INDEMNIFIED PARTIES 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 (I) APPLY TO CONTRACTOR’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT WITH RESPECT TO CLAIMS BROUGHT BY A THIRD PARTY UNDER SECTIONS 17.1A, 17.1B, 17.1C, 17.1E, 17.1H, 17.1I, 17.1J, OR 17.3 OR ITS OBLIGATIONS UNDER SECTIONS 8.2A, 9.1E, 17.5, or 17.6; (ii) apply to Contractor’s obligation to deliver to Owner full legal title to and ownership of all or any portion of the Work and Train 4 Facility as required under this Agreement; (iii) include the payment of proceeds under any insurance policy of Contractor or any of its Subcontractors or Sub-subcontractors required under this Agreement; or (iv) apply in the event of Contractor’s fraud, or Abandonment of the Work. In no event shall the limitation of liability set forth in this Section 20.1 be in any way deemed to limit Contractor’s obligations to (a) complete the Work for the compensation provided under this Agreement or (b) perform all Work required to achieve Substantial Completion and Final Completion. The costs incurred by Contractor in performing the Work shall not be counted against the limitation of liability set forth in this Section 20.1. For avoidance of doubt, amounts paid to Owner by Contractor for Liquidated Damages shall be counted against the limitation of liability set forth in this Section 20.1.

Contractor Aggregate Liability. Notwithstanding anything to the contrary contained in this Agreement and to the fullest extent permitted by the governing law of this Agreement, Contractor Indemnified Parties shall not be liable to Owner Indemnified Parties under this Agreement for any loss, damage (including damage to Owner’s or under others property), injury, claim, fees, or expense (including legal costs and attorneys’ fees) resulting from Contractor’s Work or Contractor’s negligence (including active, passive, sole, joint or concurrent negligence) or any cause other theory or legal liability (including breach of action related to the subject matter of this Agreement, whether in contract, tort (including negligence)breach of warranty, tort, strict liability, products liabilityunseaworthiness of any vessel, indemnity, contribution or any other cause unairworthiest of action an aircraft) arising under this Agreement for cumulative aggregate amounts in excess of an amount equal to […***…] U.S. DOLLARS (U.S.$ […***…]%) of the Guaranteed Maximum Price (“AGGREGATE CAP”)AND OWNER SHALL RELEASE CONTRACTOR INDEMNIFIED PARTIES FROM ANY LIABILITY IN EXCESS THEREOFas may be adjusted by Change Order); PROVIDED THATprovided that, NOTWITHSTANDING THE FOREGOINGnotwithstanding the foregoing, THE LIMITATION OF LIABILITY AND RELEASE SET FORTH IN THIS SECTION the limitation of liability set forth in this Section 20.1 SHALL NOT shall not (Ii) APPLY TO CONTRACTOR’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT WITH RESPECT TO CLAIMS BROUGHT BY A THIRD PARTY UNDER SECTIONS 17.1A, 17.1B, 17.1C, 17.1E, 17.1H, 17.1I, 17.1J, OR 17.3 OR ITS OBLIGATIONS UNDER SECTIONS 8.2A, 9.1E, 17.5, apply to Contractor’s personal injury or 17.6third party indemnification obligations under this Agreement; (ii) apply to Contractor’s obligation to deliver to Owner full legal title to and ownership of all or any portion of the Work and Train 4 Facility Project as required under this Agreement; (iii) include the payment of proceeds under any insurance policy of Contractor or any of its Subcontractors or Sub-subcontractors required under this Agreement; or (iviii) apply in the event of Contractor’s fraud, or Abandonment willful misconduct, abandonment of the WorkWork or gross negligence. In no event shall the limitation of liability set forth in this Section 20.1 be in any way deemed to limit Contractor’s obligations obligation to (a) complete the Work for the compensation provided under this Agreement or (b) perform all Work required to achieve Substantial Completion or Final Completion and Final Completion. The the costs incurred by Contractor in performing the Work shall not be counted against the limitation of liability set forth in this Section 20.1. For avoidance of doubt, amounts paid to Owner by Contractor for Delay Liquidated Damages shall be counted against the limitation of liability set forth in this Section 20.1. For purposes of this Section 20.1, “third party” means any Person other than Owner or its Affiliates.