Notwithstanding Section 7. 11(a), no Party shall have any liability to any other Party in the event that any Information exchanged or provided pursuant to this Agreement which is delineated as an estimate or forecast, or which is based on an estimate or forecast, is found to be inaccurate in the absence of willful misconduct by the Party providing such Information. No Party shall have any liability to any other Party if any Information is destroyed after reasonable best efforts by such Party to comply with the provisions of Section 7.10.
Appears in 3 contracts
Sources: Master Separation Agreement (Cloud Peak Energy Inc.), Master Separation Agreement (Cloud Peak Energy Inc.), Master Separation Agreement (Cloud Peak Energy Inc.)