Common use of Damages Limitation Clause in Contracts

Damages Limitation. Section 18.3.3.1 Except for amounts agreed to be paid under Article XVI by one Party to the other under this Agreement, no Party shall be liable to the other Party, directly or indirectly, for any damages or losses of any kind sustained due to any failure to perform this Agreement, unless such failure to perform was malicious or reckless.

Damages Limitation. Section 18.3.3.1 13.3.3.1 Except for amounts agreed to be paid under Article XVI XI and by one Party to the other for generation redispatch under this Agreement, no Party shall be liable to the other Party, directly or indirectly, for any damages or losses of any kind sustained due to any failure to perform this Agreement, unless such failure to perform was malicious or reckless.