Aggregate Liability of Contractor. Notwithstanding anything to the contrary herein, the total aggregate liability of Contractor and any of its Subcontractors (including, without limitation, liabilities covered by the Xxxxx XX SubCap and the Total LD SubCap) to Owner under this Agreement (including, without limitation, for any breach or termination hereof), shall not in any event exceed an amount equal to the Contract Price; provided, however, that such limitation of liability shall not apply to obligations or liabilities to remove any liens, claims, security interests or other encumbrances pursuant to Section 10.2 hereof or to make any indemnification payments required under Article 13 hereof.
Aggregate Liability of Contractor. (a) Notwithstanding anything to the contrary contained in the Contract Documents, Contractor’s total aggregate liability under or in connection with this Agreement, the performance of the Work or breach of this Agreement shall not (i) prior to Provisional Acceptance exceed 100% of the Contract Price, and (ii) subsequent to Provisional Acceptance exceed 30% of the Contract Price. This limitation shall apply * Certain confidential information on this page has been omitted and filed separately with the Securities and Exchange Commission. regardless of the theory of recovery and regardless of whether liability arises in tort or contract, at law or in equity.
Aggregate Liability of Contractor. Notwithstanding anything to the contrary herein, the total aggregate liability of Contractor (including, without limitation, liabilities covered by the LD SubCap) to Owner arising out of the performance or nonperformance of any or all obligations in connection with this Agreement, whether based in contract, tort, negligence, strict liability, warranty, error or omission or otherwise, shall not in any event exceed an amount equal to (a) [*] for liability due to events occurring prior to the date of Provisional Acceptance (or, if Provisional Acceptance was achieved on the basis of a temporary waiver, variance or grace period pursuant to Section 6.2.7 hereof, such later date on which the Facility's long-term compliance with Applicable Laws, Applicable Permits and other required emission standards is demonstrated), and (b) [*] for liability due to events occurring from and after the date of Provisional Acceptance (or, if applicable under clause (a) above, such later date on which such long-term compliance of the Facility is demonstrated); [*] [*]
Aggregate Liability of Contractor. Except for express limits of liability herein and excluding indemnification obligations hereunder for liabilities, expenses or damages resulting from claims of third parties (where no limit of liability shall apply) the aggregate limit of liability of Contractor under this Contract shall be forty five percent (45%) of the Contract Price.
Aggregate Liability of Contractor. Notwithstanding anything to the contrary herein, Contractor’s aggregate liability under or in connection with the Contract for performance of the Work or breach of the Contract shall not exceed (i) prior to the date on which Provisional Performance Acceptance has been achieved, 100% of the Contract Price, (ii) following the date on which Provisional Performance Acceptance has been achieved, 35% of the Contract Price (which amount shall be exclusive of, and shall not be reduced by, Schedule Damages or Performance Guarantee Payments paid or payable by Contractor); provided, however, that, notwithstanding the foregoing, such limitation of liability shall not apply to (i) liabilities for indemnification of Indemnified Parties to the extent provided in Article 13 and (ii) the obligations of Contractor pursuant to Section 10.2.
