Common use of Consequential Damage and Limitation of Liability Clause in Contracts

Consequential Damage and Limitation of Liability. Subject to § 21.4 (Intentional Default, Fraud and Fundamental Rights) and save in case of application of § 12.1 (Failure to Deliver Electricity), § 12.4 (Failure to Accept Electricity), § 13.1 (Failure to Deliver Certificates), § 13.3 (Failure to Accept Certificates) and § 19.1 (Calculation of the Termination Amount), the liability of a Party under or in connection with this Agreement: (a) does not include liability for any indirect and/or consequential Damages, including, without limitation, loss of profit, goodwill, business opportunity or anticipated saving; and (b) is limited to an amount equal to the maximum aggregate liability of a Party to the other arising from any tort (including negligence), breach of contract, breach of statutory duty or other liability under or in connection with this Agreement (including any liability to pay the Termination Amount), but always subject to § 21.4 (Intentional Default, Fraud and Fundamental Rights) shall not exceed the amount specified in Section B of Part I (Individual Terms), provided that such limitation shall not apply to payments under § 12 (Remedies for Failure to Deliver and Accept Electricity), § 13 (Remedies for Failure to Deliver and Accept Certificates) and § 19 (Calculation of the Termination Amount).

Consequential Damage and Limitation of Liability. Subject to § 21.4 (Intentional Default, Fraud and Fundamental Rights) and save in case of application of § 12.1 (Failure to Deliver Electricity), § 12.4 (Failure to Accept Electricity), § 13.1 (Failure to Deliver Certificates), § 13.3 (Failure to Accept Certificates) and § 19.1 (Calculation of the Termination Amount), the liability of a Party under or in connection with this AgreementthisAgreement: (a) does not include liability for any indirect and/or consequential Damages, including, without limitation, loss of profit, goodwill, business opportunity or anticipated saving; and (b) is limited to an amount equal to the maximum aggregate liability of a Party to the other arising from any tort (including negligence), breach of contract, breach of statutory duty or other liability under or in connection with this Agreement (including any liability to pay the Termination Amount), but always subject to § 21.4 (Intentional Default, Fraud and Fundamental Rights) shall not exceed the amount specified in Section B of Part I (Individual Terms), provided that such limitation shall not apply to payments under § 12 (Remedies for Failure to Deliver and Accept Electricity), § 13 (Remedies for Failure to Deliver and Accept Certificates) and § 19 (Calculation of the Termination Amount).

Consequential Damage and Limitation of Liability. Subject to § 21.4 (Intentional Default, Fraud and Fundamental Rights) and save in case of application of § 12.1 (Failure to Deliver Electricity), § 12.4 (Failure to Accept Electricity), § 13.1 (Failure to Deliver Certificates), § 13.3 (Failure to Accept Certificates) and § 19.1 (Calculation of the Termination Amount), the liability of a Party under or in connection with this Agreement: (a) does not include liability for any indirect and/or consequential Damages, including, without limitation, loss of profit, goodwill, business opportunity or anticipated saving; and (b) is limited to an amount equal to the maximum aggregate liability of a Party to the other arising from any tort (including negligence), breach of contract, breach of statutory duty or other liability under or in connection with this Agreement (including any liability to pay the Termination Amount), but always subject to § 21.4 (Intentional Default, Fraud and Fundamental Rights) shall not exceed the amount specified in Section B of Part I (Individual Terms), provided that such limitation shall not apply to payments under § 12 (Remedies for Failure to Deliver and Accept Electricity), § 13 (Remedies for Failure to Deliver and Accept Certificates) and § 19 (Calculation of the Termination Amount).Amount).‌