Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other shall be no greater than as expressly stated herein. Neither Party, its directors, officers, trustees, employees or agents, shall be liable to the other Party for any Losses, whether direct, indirect, incidental, punitive, special, exemplary or consequential, arising from that Party’s performance or nonperformance under this Agreement, except to the extent that the Party is found liable for gross negligence or willful misconduct, in which case the Party responsible shall be liable only for direct and ordinary damages and not for any incidental, consequential, punitive, special, exemplary or indirect damages. This section shall not limit amounts required to be paid for Emergency Energy under Schedule C to this Agreement. This section shall not apply to adjustments or corrections for errors in invoiced amounts due under Schedule C to this Agreement.
Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, or agents, shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, arising from the Party’s performance or nonperformance under this Agreement, except for a Party’s gross negligence, or willful misconduct.
Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, nor agents shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense arising from the Party’s performance or nonperformance under this Agreement, except for a Party’s gross negligence or willful misconduct and subject to applicable law. Notwithstanding the foregoing, neither Party, its directors, officers, employees, nor agents shall be liable for or be entitled to recover from the other Party, whether in contract, tort, or other legal theory, any damages for business interruption or loss of actual or anticipated profits or any indirect, consequential, special, incidental, economic, contingent, exemplary, or penal damages whatsoever. Nothing in this section shall be construed to exempt the Customer from BPA’s Rate Schedules, as may be amended from time to time.
Liability Between the Parties. 22.3.1. In case of a Non-Performance by a Defaulting Party, the affected Party shall be entitled to claim compensation from this Defaulting Party for any and all losses, damage, charges, fees or expenses, expected and unexpected, which can be considered as directly arising out of or directly resulting from a Non-Performance only and under the terms and conditions explicitly provided below.
Liability Between the Parties. Except to the extent set forth in this Agreement, none of the Parties shall be liable to any of the other Parties for claims and/or actions (whether alleging negligence, breach of contract, strict liability, warranty, breach of professional services or otherwise) relating to the quality, suitability, operability or condition of any design, construction, operation or maintenance of any portion of the Project, and each Party expressly disclaims any and all express or implied representations or warranties with respect thereof, including any warranties of suitability or fitness for use. The limitation of liability provided herein shall not apply to damages to the extent covered and paid for by insurance, and damages to the extent paid for by a responsible party (other than a Party to this Agreement) pursuant to applicable federal and state environmental laws.
Liability Between the Parties. 23.2.1. In case of a breach by a Party of any of its obligations under this Agreement (the “Defaulting Party”), the affected Party shall be entitled to claim compensation from the Defaulting Party for any and all losses, damage, charges, fees or expenses, expected and unexpected, which can be considered as a direct damage arising out, or resulting from a default or negligence in the execution of the obligations provided by this Agreement only and under the terms and conditions explicitly provided below.
Liability Between the Parties. (a) The obligation of each Party to carry out its tasks within the Work Package(s) of the ICON project does not entail an obligation on that Party to deliver results, but is merely a commitment to use all reasonable efforts to perform to the best of its ability the ICON project as set out in Article 4 of the Agreement.
Liability Between the Parties. 13.2.1. In case of breach due to gross negligence or fraud or intentional breach by a TSO (hereinafter: “Breaching TSO”) of any of its obligations under this Agreement, the affected TSO (hereinafter: “Affected TSO”) shall be entitled to obtain compensation from the Breaching TSO for any and all losses, damages, charges, fees or expenses, expected and unexpected, which can be considered as a direct damage arising out, or resulting from, a breach of the terms of this Agreement. For the avoidance of doubt, TSOs shall not be liable in case of simple negligence.
Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as expressly stated herein. No Party, its directors, officers, trustees, employees or agents, shall be liable to any other Party for any Loss, whether direct, indirect, incidental, punitive, special, exemplary or consequential, arising from that Party's performance or nonperformance under this Agreement, except to the extent that the Party is found liable for breach of this Agreement, gross negligence, recklessness, or willful misconduct, in which case the Party responsible shall be liable only for direct and ordinary damages and not for any incidental, consequential, punitive, special, exemplary or indirect damages.
Liability Between the Parties. Except as set forth in this Article 17.2, Louisville shall not be liable to IMEA for any loss, cost, damage, or expense incurred by IMEA as a result of any action or failure to act, under any circumstances, by Louisville (or its employees, agents, or contractors) in carrying out any of the provisions of this Agreement, except that Louisville will be liable to IMEA for (a) any such loss, cost, damage, or expense which is the result of gross negligence or intentional wrongdoing on the part of Louisville, and (b) any damage to IMEA caused by Louisville’s negligence, but only if such damage results from Louisville’s failure to follow Good Utility Practice in operating Xxxxxxx County Unit 1; provided, that no liability for failure to follow Good Utility Practice shall exceed, in any one contract year, the amount paid by IMEA to Louisville for service fees in that same contract year under Article 7.1.6 hereof. In no event, however, shall Louisville be liable to IMEA with respect to any claim, whether based on contract, tort (including negligence), patent, trademark or service xxxx, or otherwise, for any indirect, special, incidental, or consequential damages, including, but not limited to, loss of profits or revenues, loss of use of Xxxxxxx County Unit 1 or any part thereof and the Xxxxxxx County General Plant Facilities and the Xxxxxxx County Site as they pertain to Xxxxxxx County Unit 1, cost of capital, cost of purchased or replacement power, claims of the Participants or other customers of IMEA for service interruptions, or claims of customers of the Participants for service interruption. Provided, however, that in no event shall Louisville be excused from liability for its fraudulent acts.
