Additional Limitations of Liability. The Reliability Coordination Customer will not be liable for any indirect, consequential, exemplary, special, incidental or punitive damages including, without limitation, lost revenues or profits, the cost of replacement power or the cost of capital, even if such damages are foreseeable or the damaged party has been advised of the possibility of such damages and regardless of whether any such damages are deemed to result from the failure or inadequacy of any exclusive or other remedy. The ISO will not be liable to the Reliability Coordination Customer or any other party for any damages resulting from any act or omission in any way associated with this Agreement, except to the extent the ISO is found liable for gross negligence or intentional misconduct, in which case the ISO will only be liable for direct damages.
Appears in 13 contracts
Samples: Operating Agreement, Reliability Coordination Agreement, Reliability Coordination Agreement
