Common use of Aggregate Limit of Liability Clause in Contracts

Aggregate Limit of Liability. (a) In no event will any Party be liable under this Agreement to another Party for any lost profits (other than revenues from Customer Agreements, Government Incentives or sales of RECs) of, or any consequential, special, incidental, exemplary, statutory or punitive damages incurred by, the other Party to this Agreement; provided that this provision will in no way limit any such liability of a Party to another Party under any other agreement between the Parties; provided, further, that a loss, disallowance or recapture of, or inability to claim, Tax Credits or accelerated depreciation or cost recovery deductions shall not be treated as consequential, special, incidental, exemplary, statutory or punitive damages for purposes of this Agreement. (b) In no event will one Party be liable under this Agreement to the other Party for an aggregate amount in any given year in excess of the Maximum Liability for such year unless and to the extent such liability is (i) the result of (A) fraud, gross negligence or willful misconduct of a Party, (B) the failure of a Party to pay any amount due under this Agreement or (C) a claim for indemnity asserted by a Party on account of a Third Party Claim against such Party, or (ii) with respect to Taxes.