Common use of Waiver of Consequential Damages and Limitation of Liability Clause in Contracts

Waiver of Consequential Damages and Limitation of Liability. The liability of a defaulting Party will be limited to direct, actual damages. Neither Party shall be liable to the other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as lost profits or revenues or any increase in operating expense..

Appears in 2 contracts

Samples: Energy Services Contract, Energy Services Contract

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Waiver of Consequential Damages and Limitation of Liability. The liability of a defaulting Party will be limited to direct, actual damages. Neither Party shall be liable to the other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as lost profits or revenues or any increase in operating expense...

Appears in 2 contracts

Samples: Energy Services Contract, Energy Services Contract

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Waiver of Consequential Damages and Limitation of Liability. The liability of a defaulting Party will be limited to direct, actual damages. Neither Party shall be liable to the other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as lost profits or revenues or any increase in operating expense... Additionally, each Party waives any claims for negligence against the other Party to the fullest extent permitted by Applicable Law.

Appears in 2 contracts

Samples: Energy Services Contract, Energy Services Contract

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