Aggregate Limit of Liability. In no event shall either Party be liable to the other Party for any damages, claims, demands, suits, causes of action, losses, costs, expenses and/or liabilities in excess of one hundred percent (100%) of the amount of the Contract Price; provided, however, that the preceding limitation of liability shall not apply to, and no credit shall be issued against such liability for any liabilities resulting from the gross negligence or willful misconduct of either Party arising hereunder. Nothing in this Section 14.1 limits the obligations of CONTRACTOR with respect to the warranty provisions of Article X of this Agreement or CONTRACTOR’S obligation to complete the Work.
Appears in 3 contracts
Samples: Procurement and Construction Contract (Nevada Geothermal Power Inc), Procurement and Construction Contract (Nevada Geothermal Power Inc), Procurement and Construction Contract (Nevada Geothermal Power Inc)
Aggregate Limit of Liability. In no event shall either Party be liable to the other Party for any damages, claims, demands, suits, causes of action, losses, costs, expenses and/or liabilities in excess of one hundred percent (100%) of the amount of the Contract Price; provided, however, that the preceding limitation of liability shall not apply to, and no credit shall be issued against such liability for any liabilities resulting from the gross negligence or willful misconduct of either Party arising hereunder. Nothing in this Section 14.1 limits the obligations of CONTRACTOR with respect to the warranty provisions of Article X 10 of this Agreement or CONTRACTOR’S obligation to complete the Work.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Contract (Nevada Geothermal Power Inc)