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

Consequential Damage and Limitation of Liability. Subject to § 11.4 (Intentional Default, Fraud and Fundamental Rights), 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 an amount as specified in the Election Sheet as either: (i) the amounts payable for Certificates supplied or to be supplied by a Party under any relevant Individual Contract; or (ii) the Limitation Amount, provided in either case that such limitation shall not apply to payments under § 7 (Remedies for Failure to Deliver and Accept) and § 10 (Calculation of the Termination Amount).

Consequential Damage and Limitation of Liability. Subject to § 11.4 (Intentional Default, Fraud and Fundamental Rights), the liability of a Party under or in connection with this Agreement: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 an amount as specified in the Election Sheet as either: (i) the amounts payable for Certificates supplied or to be supplied by a Party under any relevant Individual Contract; or (ii) the Limitation Amount, provided in either case that such limitation shall not apply to payments under § 7 (Remedies for Failure to Deliver and Accept) and § 10 (Calculation of the Termination Amount).