Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each 8.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. 8.4.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. 7.3.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. ‌ Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its it performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. 18.1 Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementthese terms and conditions, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind, except as authorized by this Agreement.

Limitation of Liability. 20.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including court costs and reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage or liability actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. 19.1 Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Party’s liability In no event shall either party be liable to the other Parties party or to any third party for any lossincidental, costspecial, claim, injury, liabilitypunitive, or expense, consequential damages (including reasonable attorney’s fees, relating to or without limitation lost profits) arising from any act acts under this agreement even if such party or omission in its performance subscriber has been advised of the possibility of such damages. Each party’s maximum liability under this Agreement, agreement shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable amounts paid by Participant to the other Parties for any indirect, special, consequential, or punitive damagesparty under this agreement.

Limitation of Liability. Each Party’s 's liability to the other Parties Party(ies) for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any a Party be liable to the other Parties another Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Party’s liability to To the other Parties for any lossfullest extent allowed by law, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any consequential, incidental, indirect, specialspecial or punitive damages incurred by another Party and connected with, consequentialarising from or related to this Agreement , including but not limited to loss of good will, cost of capital, claims of customers and lost profits or revenue, whether or not such loss or damages is based in contract, warranty, tort, negligence, strict liability, indemnity, or punitive otherwise, even if a party has been advised of the possibility of such damages.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.

Limitation of Liability. ‌ Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Limitation of Liability. a. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating failure to or arising from any act or omission in perform its performance of obligations under this Agreement, Contract shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any punitive, incidental, indirect, special, consequentialor consequential damages of any kind whatsoever, including for loss of business opportunity or punitive damagesprofits, regardless of whether such damages were foreseen.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no such even shall death, bodily injury or third party claims be construed as an indirect or consequential damages.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each 10.4.1 Except for any indemnification obligations of the Parties hereunder, and except in cases of the provisioning Party’s gross negligence or willful misconduct, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. 3.2.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. 5.2.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall will be limited to the amount of direct damage actually incurred. In no event shall any will either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission omissions in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third-party claims be construed as indirect or consequential damages.

Limitation of Liability. Each Party’s No party shall be responsible to any other party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts. The liability of each party to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited in all events to the amount a maximum sum of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages€10,000.

Limitation of Liability. Each Party’s liability to the other Parties PartiesParty for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any anyeither Party be liable to the other Parties PartiesParty for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third- party claims be construed as indirect or consequential damages.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each 15.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, Loss relating to or arising from out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in its contract, tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectFacilities, specialproducts, consequential, services or punitive damagesfunctions not performed or provided or improperly performed or provided.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability If any Party shall be liable to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, matter relating to or arising from any act or omission in its performance of connection with this Agreement, shall be limited to the amount of direct damage actually incurred. In whether based on an action or claim in contract, equity, negligence, intended conduct, tort or otherwise, in no event shall the measure of damages include, nor shall any Party be liable to the other Parties for, any amounts for any loss of income, profit or savings or indirect, specialincidental, consequential, or punitive damagesdamages of any Party or any third parties.

Limitation of Liability. Each No Party shall be liable for any indirect or consequential loss or similar damages such as but not limited to loss of profit, loss of revenue, loss of contract or the like. For any remaining contractual liability, each Party’s total aggregate liability under this Consortium Agreement towards the other Party in respect of any and all such claims shall not exceed that Party’s budget contribution (in cash and/or in kind) as foreseen in the Budget, except for and to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any extent that such damage was caused by a willful act or omission in its performance gross negligence. The terms of this Agreement, Consortium Agreement shall not be limited construed to the amount of direct damage actually incurred. In no event shall amend or limit any Party be liable to the other Parties for any indirect, special, consequential, or punitive damagesParty’s statutory liability.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each Except as set forth in this Article: (a) no Party shall be liable to another Party’s liability to the other Parties , directly or indirectly, for any loss, cost, claim, injury, liability, damages or expense, including reasonable attorney’s fees, relating losses of any kind sustained due to or arising from any act or omission in failure to perform its performance of obligations under this Agreement, unless such failure to perform was malicious or reckless; and (b) any liability of a Party to another Party shall be limited to the amount of direct damage actually incurred. In damages, and no event shall any Party be liable lost profits, damages to the other Parties compensate for any indirectlost goodwill, special, consequentialconsequential damages, or punitive damagesdamages shall be sought or awarded.

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall Version – 11/12/03 be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, Services not performed or punitive damagesimproperly performed.

Limitation of Liability. Each 8.4.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed except in instances of gross negligence or fraudulent misrepresentation or willful or wanton misconduct.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party Party, its officers, employees or agents be liable to the other Parties Party (on the basis of breach of contract, indemnity, warranty or tort, including negligence and strict or absolute liability, or breach of statutory duty or otherwise) for any indirectmatter arising out of or in connection with this Agreement in respect of any Consequential Loss suffered by the other Party. Each Party undertakes not to xxx the other Party, specialits officers, consequentialemployees, agents or punitive damagessub-contractors in respect of such Consequential Loss.

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties for party from any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. ‌ Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. ‌ Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurredthe Services not performed or improperly performed. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.Version – 11/12/03

Limitation of Liability. 6.1 Each Party’s party's liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s attorney fees, relating to or arising from out of any negligent act or omission in its performance of obligations arising out of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event With respect to claims arising out of this Agreement, either party's cumulative liability, whether in contract, tort or otherwise, shall any Party be liable not exceed the total charges applicable to the other Parties for any indirect, special, consequential, or punitive damagesbilling and collection services rendered under this Agreement.

Limitation of Liability. Each Party’s 's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 7.0.

Limitation of Liability. Each Party’s liability to the other 17.1 The Parties shall not be liable for any lossindirect or consequential loss or consequential damage that Party has caused to any other Party. This limitation shall not, costhowever, claim, injury, liability, or expense, including reasonable attorney’s fees, relating apply to or arising from any act or omission loss which can be attributed to gross negligence and wilful breach of contract. This agreement has been executed in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties one original for any indirect, special, consequential, or punitive damageseach original Signatory.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties Party for any consequential, indirect, specialincidental, consequentialpunitive, exemplary, special or punitive damagessimilar damages or lost profits suffered, directly or indirectly, by any Party. Each Party shall be discharged from any and all liability with respect to services performed and any loss or damage Claims arising out of the Schedule or this Agreement unless suit or action is commenced within two years after the applicable cause of action arises.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, cost claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages or any kind.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties Party for any consequential, indirect, specialincidental, consequentialpunitive, exemplary, special or punitive damagessimilar damages or lost profits suffered, directly or indirectly, by any Party. Each Party shall be discharged from any and all liability with respect to services performed and any loss or damage Claims arising out of this Agreement or the Schedule unless suit or action is commenced within two years after the applicable cause of action arises.

Limitation of Liability. Each 22.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, Loss relating to or arising from out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in its contract, tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectFacilities, specialproducts, consequential, services or punitive damagesfunctions not performed or provided or improperly performed or provided.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to to, or arising from from, any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to A. Except where caused by the other Parties Party's negligence or willful misconduct, each Party shall be responsible for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating all physical damage to or arising destruction of the property, equipment and/or facilities owned by it, and shall not seek recovery or reimbursement from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagessuch damage.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct direct, damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, Services not performed or punitive damagesimproperly performed.

Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.

Limitation of Liability. Each Party’s Except in connection with injury or loss of life and cases of willful misconduct or gross negligence, each Party limits its total liability for loss or damage in connection with its actions in fulfilling its obligations under this Agreement to the other Parties for any lossactual damages or $10,000, costwhichever is less. Except in case of willful misconduct or gross negligence, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party will be liable to the other Parties for any indirect, special, consequentialpunitive, or punitive damagesconsequential losses or damage.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, 14.1 No Party shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties another Party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect, special, consequential, indirect or punitive damagesconsequential loss arising under or in connection with this Agreement.

Limitation of Liability. 7.1. Each Party’s liability to the other Parties Party will be responsible for any loss, cost, claim, injurydamage, liability, claim or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be but not limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectreasonable attorneys’ fees and court costs, special, consequentialcaused by its own gross negligence or intentional misconduct, or punitive damagesfor the acts of its agents, employees and contractors.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. 12.1 Each Party is responsible to reimburse the other Party for any damage due to breach of contract or negligence. The liability shall, unless otherwise expressly stated in the Agreement, be limited to direct damages and shall not cover indirect damages, such as loss of sales and profit or damages that could not reasonably be foreseen by the Party causing the damage. Each Party’s liability to the other Parties for any lossis, costexcept in case of intent or gross negligence, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the lower amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.of

Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.

Limitation of Liability. Each Party’s liability to the other Parties under this Agreement for any losscause whatsoever, costregardless of the form of action (whether in contract, claim, injury, liability, or expensein tort, including reasonable attorney’s fees, relating to negligence or arising from any act or omission in its performance of this Agreement, shall otherwise) will be limited to the amount of direct damage general money damages actually incurred. In incurred by such party (and no event other relief) and shall any Party be liable to the other Parties not include liability for any indirect, special, consequential, or punitive damagesspecial damages or lost or anticipated profits or benefits, irrespective temp. rev. 5/18/21 of whether or not such party has notice that such damages have accrued or might accrue.

Limitation of Liability. Each Party’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementthese terms and conditions, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as specifically authorized by this Agreement.

Limitation of Liability. Each Party’s All claims of liability to between the other Parties for any lossshall, costregardless of the form or cause of action, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In damages and in no event shall any either Party be liable to the other Parties Party or to any third party for any indirect, incidental, special, consequentialconsequential (including, without limitation, damages attributed to lost profits, loss of goodwill, or business interruption) punitive and exemplary damages, even if the other Party has been advised of the possibility of such damages.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred8.1. In no event shall any either Party be liable to the other Parties Party, whether under breach of contract, tort (including negligence), strict liability or any other theory of liability, whenever arising, for any indirectconsequential, punitive, special, consequential, or punitive damagesindirect damages of any nature.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under the Indemnification Section of the Agreement.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In I no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third-party claims be construed as indirect or consequential damages.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Interconnection Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third-party claims be construed as indirect or consequential damages.

Limitation of Liability. 21.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be directly liable to the other Parties party for any special, indirect, incidental, consequential or punitive damages of any kind or nature whatsoever, whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability either party may have against the other party. Notwithstanding the previous sentence, the parties agree that Costs shall not be considered to be special, consequentialindirect, incidental, consequential or punitive damages.

Limitation of Liability. Each Partyparty’s liability to the other Parties for any loss, cost, claim, injury, liability, damage or expense, expense (including reasonable attorney’s attorneys’ fees, ) relating to or arising from out of any negligent act or omission in its performance of obligations arising out of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event Absent gross negligence or knowing and willful misconduct which causes a loss, neither party shall any Party be liable to the other Parties for any indirect, special, consequential, special or punitive damagesconsequential damage of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. SERVICE AGREEMENT NO. 2624 In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.

Limitation of Liability. Each Party’s Except in connection with injury or loss of life, each Party limits its total liability for loss or damage in connection with its actions in fulfilling its obligations under this Agreement to the other Parties for any lossactual damages or $10,000, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurredwhichever is less. In no event shall any No Party will be liable to the other Parties for any indirect, special, consequentialpunitive, or punitive damagesconsequential losses or damage.

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, Any and all costs or expense, including reasonable attorney’s fees, relating to or expense incurred by a Party arising from any act or omission in its performance of this Agreement shall be borne by the Party which incurred same, and no Party shall be liable or obligated to another Party for said cost or expense. In the event any proceeding or lawsuit is brought by a Party against another Party for violation of obligations under this Agreement, the prevailing Party shall be limited entitled to the amount of direct damage actually incurred. In no event shall any Party be liable to recover its costs and reasonable attorneys’ fees from the other Parties for any indirect, special, consequential, or punitive damagesParty1.

Limitation of Liability. 5.7.1 Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, loss relating to or arising from out of any act or omission in its performance of under this Agreement, whether in contract, warranty, strict liability, or tort, including (without limitation) negligence of any kind, shall be limited to the total amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, that is or punitive damages.would have