Foreseeability Clause Samples
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Foreseeability. For the avoidance of doubt and for the purpose of determining the User’s liability under this Agreement, any liability of SONI (in respect of any acts or omissions of the User in breach of this Agreement that cause physical damage to the Plant, Apparatus or other property of a Relevant Person) to NIE under the Transmission Interface Arrangements, a Distribution Network Owner under a Distribution Interface Agreement or to the Other TSO under the System Operator Agreement, will be a reasonably foreseeable consequence of a breach of this Agreement by the User in respect of which ▇▇▇▇ will be entitled to recover damages from the User, provided that the liability of the User under this Agreement in respect of damage to the property of:
3.9.1 the Other TSO, shall not exceed the lower of (a) the monetary cap referred to in clause 3.2, and (b) the monetary cap that would have applied to the User's liability under the Equivalent Agreement;
3.9.2 ESB, shall not exceed the lower of (a) the monetary cap referred to in clause 3.2, and (b) the monetary cap that applies to the Other TSO’s liability under the RoI Infrastructure Agreement; and
3.9.3 NIE, shall not exceed the monetary cap referred to in clause 3.2.
Foreseeability. For the avoidance of doubt and for the purpose of determining the Generator’s liability under this Agreement, any liability of SONI (in respect of any acts or omissions of the Generator in breach of this Agreement that cause physical damage to the Plant and/or Apparatus or other property of a Relevant Person) to NIE under the Transmission Interface Arrangements or to the Other TSO under the System Operator Agreement, will be a reasonably foreseeable consequence of a breach of this Agreement by the Generator in respect of which SONI will be entitled to recover damages from the Generator, provided that the liability of the Generator under this Agreement in respect of damage to the property of:
10.7.1 the Other TSO, shall not exceed the monetary cap that would have applied to the Generator's liability under the Equivalent Agreement; and
10.7.2 ESB, shall not exceed the monetary cap that applies to the Other TSO’s liability under the RoI Infrastructure Agreement.
Foreseeability. Plaintiff can only recovery damages that are foreseeable Plaintiff can only recover damages that can be proved with reasonable certainty Avoidability -plaintiff cannot recover damages that were avoidable non-breaching party cannot keep running up damages non-breaching party must find alternative employment rockingham county the plaintiff kept working to reduce cost avoided. ▇▇▇▇▇▇ v. 20th If ▇▇▇▇▇▇ had taken the other role, it would have been a mitigation of damages for fox ▇▇▇▇▇▇ & ▇▇▇▇▇ v ▇▇▇▇ grossly and unfairly out of proportion (to restart compared to difference in value) hypo: built house except roof (5000 damage) recover only cost to repair roof and not loss in total value because damages can be limited alternative tests
Foreseeability. UPICC Art.
Foreseeability a. Restatement (Second) of Contracts § 351(3)
i. Court may limit damages for foreseeable loss by excluding recovery for loss of profits, by allowing recovery only for loss incurred in reliance, or otherwise if it concludes that in the circumstances justice so requires in order to avoid disproportionate compensation
Foreseeability. For the avoidance of doubt and for the purpose of determining the User’s liability under this Agreement, any liability of SONI (in respect of any acts or omissions of the User in breach of this Agreement that cause physical damage to the Plant, Apparatus or other property of a Relevant Person) to NIE under the Transmission Interface Arrangements or to the Other TSO under the System Operator Agreement, will be a reasonably foreseeable consequence of a breach of this Agreement by the User in respect of which SONI will be entitled to recover damages from the User, provided that the liability of the User under this Agreement in respect of damage to the property of:
Foreseeability what a party would have foreseen has they contemplated the course of likely future events—realize the likely damages that would result from his breach.