Purchaser Limitations. (i) The Seller Group shall not be entitled to any punitive, incidental, indirect, special or consequential damages included in any Seller Claim or otherwise resulting from, in connection with or arising out of this Agreement or the Ancillary Agreements, including such damages for lost revenues, income or profits, diminution in value of the Project or for any other damage or loss resulting from the disruption to or loss of operation of the Project and including any damage or loss resulting from or attributable to failure of the Facility Purchaser to consummate the transactions contemplated by the Facility Purchase Agreement;; provided that this limitation shall not apply to any Seller Claim for indemnification from any punitive, incidental, indirect, special or consequential damages awarded against Seller as a result of a Third Party Claim.
Purchaser Limitations. Except as provided in the Power Purchase --------------------- Agreements, the ComEd Group will not in any event be entitled to any punitive, incidental, indirect, special or consequential damages resulting from or arising out of any ComEd Claim, including damages for lost revenues, income, profits or tax benefits, diminution in the value of the Sites or any portion thereof or any other damage or loss resulting from any disruption to or loss of operation of the Assets.
Purchaser Limitations. Except for a breach by a Purchaser of its obligations under Section 7.10, the Seller Group will not be entitled to any punitive, incidental, indirect, special or consequential damages resulting from or arising out of any Seller Claim (other than punitive, incidental, indirect, special or consequential damages awarded against Seller as a result of a Third Party Claim), including damages for lost revenues, income, profits, or any other damage or loss resulting from the disruption to or loss of operation of the Generation Facility (except to the extent otherwise provided in Section 8.7(b)). The aggregate damages to which the Seller Group will be entitled from a Purchaser, in the aggregate, under Section 8.3(a)(ii) or Section 8.3(b)(ii), as applicable, shall be limited to such Purchaser's Proportionate Share of Twenty Million Dollars (U.S. $20,000,000).
Purchaser Limitations. IF THE CLOSING OCCURS, THE SELLER GROUP WILL NOT BE ENTITLED TO ANY PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF ANY SELLER CLAIM, INCLUDING DAMAGES FOR LOST REVENUES, INCOME, PROFITS OR TAX BENEFITS, DIMINUTION IN THE VALUE OF THE FACILITIES OR ANY OTHER DAMAGE OR LOSS RESULTING FROM THE DISRUPTION TO OR LOSS OF OPERATION OF THE ASSETS, EXCEPT TO THE EXTENT DUE ON ANY THIRD PARTY CLAIM.
Purchaser Limitations. If the Closing occurs, the Seller Group will not be entitled to any punitive, incidental, indirect, special or consequential damages resulting from or arising out of any Seller Claim, including damages for lost revenues, income, profits or tax benefits, diminution in the value of the Facilities or any other damage or loss resulting from the disruption to or loss of operation of the Assets, except to the extent due on any Third Party Claim. The aggregate damages to which the Seller Group will be entitled to under SECTION 7.2(a)(ii) shall be limited to the Purchase Price.
Purchaser Limitations. The obligation of the Purchaser to indemnify the Seller Indemnified Parties under Section 5.3 shall be subject to the following:
Purchaser Limitations. Seller will not be entitled to any Consequential Damages resulting from or arising out of any Seller Claim (other than Consequential Damages awarded against Seller as a result of a Third Party Claim).
Purchaser Limitations. IF THE CLOSING OCCURS, THE SELLER GROUP WILL NOT BE ENTITLED TO ANY PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF ANY SELLER CLAIM, INCLUDING SUCH DAMAGES FOR LOST REVENUES, INCOME, PROFITS OR TAX BENEFITS, DIMINUTION IN THE VALUE OF THE FACILITIES OR ANY OTHER SUCH DAMAGE RESULTING FROM THE DISRUPTION TO OR LOSS OF OPERATION OF THE ASSETS, EXCEPT TO THE EXTENT PAYABLE WITH RESPECT TO ANY THIRD PARTY CLAIMS OR THE FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF PURCHASER.
Purchaser Limitations. (i) The aggregate liability of the Purchaser, together, pursuant to Section 8.3 shall under no circumstances exceed the Purchase Price; provided, however, that such limitation shall not apply to breach or inaccuracy of any Fundamental Representation or of any representation and warranty based on Fraud by the Purchaser. 26
Purchaser Limitations. (a) Purchaser shall restrict the installation and use of the Licensed Software to two sites (logical), and to computer workstations at participating area control centers and SCADA centers, and will not use the Licensed Software to provide electric transmission jurisdiction, or to extend System applications or functions, beyond the control areas, as they exist on the Contract Date, of the electric utilities any part of whose service areas as of the Contract Date are within the California-Southern Nevada Area of the WSCC Sub- Region as shown on the map attached hereto as Annex F. There is no geographic limit on acquisition of transmission grid data or generation control/date acquisition via computer links to other independent control centers, ISO's, data banks or other communication channels to generators.
