Common use of Waiver of Damages Clause in Contracts

Waiver of Damages. (a) Except for the obligations set forth in Section 11.4 (Termination for Default) and Section 12.6 (Indemnity), neither Party shall be liable to the other Party for any claim, loss or damage of any nature arising out of or relating to the performance or breach of this Agreement including replacement power costs, loss of revenue, loss of anticipated profits or loss of use of, or damage to, plant or other property, personal injury, or death; provided, however, that this waiver of liability shall not include or cover any claim, damage or loss arising out of the willful misconduct of either Party. Amounts that are specifically payable or reimbursable by the other Party under the terms of this Agreement shall not be considered “claims, losses or damages” for purposes of this Section.

Waiver of Damages. (a) Except for the obligations set forth in Section 11.4 9.2 (Non-Performance Payment Offset) Section 12.3 (Termination for Default) and Section 12.6 13.5 (Indemnity), neither Party shall be liable to the other Party for any claim, loss or damage of any nature arising out of or relating to the performance or breach of this Agreement including replacement power costs, loss of revenue, loss of anticipated profits or loss of use of, or damage to, plant or other property, personal injury, or death; provided, however, that this waiver of liability shall not include or cover any claim, damage or loss arising out of the willful misconduct of either Party. Amounts that are specifically payable or reimbursable by the other Party under the terms of this Agreement Agreement, and offsets to such amounts provided by the terms of this Agreement, shall not be considered “claims, losses or damages” for purposes of this Section.