Liability During Operations. During its operation of the Project in accordance with the provisions of Paragraph 8.5.1 above, Utility shall not be liable for any damage to the Project or any part thereof or for any damage or loss suffered by the Developer or third party, except where such damage or loss is caused by the gross negligence or the deliberate action or inaction of Utility.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
