Common use of Consequential and other losses Clause in Contracts

Consequential and other losses. To the extent that, and only to the extent that, the exclusion of liability set out in Clause 13 of the Scheme Documents does not apply on the facts of any particular case or is held by a court of competent jurisdiction to be invalid, unenforceable or illegal, the Employer expressly acknowledges and agrees, on its behalf and on behalf of the Employer’s Related Parties, that, subject to Clause 11.1, NOW: Pensions and the Trustee will under no circumstances whatsoever be liable to the Employer and the Employer’s Related Parties, whether in:

Consequential and other losses. To the extent that, and only to the extent that, the exclusion of liability set out in Clause 13 of the Scheme Documents does not apply on the facts of any particular case or is held by a court of competent jurisdiction to be invalid, unenforceable or illegal, the Employer expressly acknowledges and agrees, on its behalf and on behalf of the Employer’s Related Parties, that, subject to Clause 11.1, NOW: Pensions and the Trustee will under no circumstances whatsoever be liable to the Employer and the Employer’s Related Parties, whether in: