Common use of Aggregate Limitation of Liability Clause in Contracts

Aggregate Limitation of Liability. Vendor’s total liability to Owner under this Agreement, including all Delay Liquidated Damages, all Performance Liquidated Damages, warranty liabilities, and Vendor’s continuing obligation to achieve the Guaranteed Minimum Annual Plant Electrical Generation and the Annual Plant Electrical Generation Guarantees, howsoever caused, and under any theory of liability, including negligence, tort, strict liability, breach of contract or otherwise, shall not exceed in the cumulative aggregate [*] of the Contract Price and Owner hereby disclaims, and waives and releases Vendor and its Affiliates from any and all liability in excess thereof. The foregoing limitation shall exclude (i) any payments made to Vendor, or its Affiliates, under project-specific insurance policies required under this Agreement; and (ii) all third party indemnification obligations of Vendor and Vendor Responsible Parties hereunder.

Aggregate Limitation of Liability. Vendor’s total liability to Owner under this Agreement, including all Delay Liquidated Damages, all Performance Liquidated Damages, warranty liabilities, and Vendor’s continuing obligation to achieve the Guaranteed Minimum Annual Plant Electrical Generation and the Annual Plant Electrical Generation Guarantees, howsoever caused, and under any theory of liability, including negligence, tort, strict liability, breach of contract or otherwise, shall not exceed in the cumulative aggregate [*] 100% of the Contract Price and Owner hereby disclaims, and waives and releases Vendor and its Affiliates from any and all liability in excess thereof. The foregoing limitation shall exclude (i) any payments made to Vendor, or its Affiliates, under project-specific insurance policies required under this Agreement; and (ii) all third party indemnification obligations of Vendor and Vendor Responsible Parties hereunder.