Common use of Foreseeability Clause in Contracts

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 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 ▇▇▇▇ 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: 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.