Common use of Consequential Damage Clause in Contracts

Consequential Damage. The Operator and the Shipper shall each be liable for the consequences of any consequential damage that they may incur in the fulfilment of their obligations under the Contract, regardless of the perpetrator of the action causing said consequential damage. As a result, the Operator, the Shipper and their respective insurers shall mutually waive the right to any recourse in respect of said consequential damage. By way of exception to the principle set forth in the previous paragraph, in the event of duly justified consequential damage suffered by third parties as a result of a proven failure by the Operator to meet its contractual obligations, the Operator's liability may be incurred with regard to the Shipper on the basis of the payment by the Shipper of compensation to these third parties. In the same way, in the event of duly justified consequential damage suffered by third parties as a result of a proven failure by the Shipper to meet its contractual obligations, the Shipper's liability may be incurred on the basis of the payment by the Operator of compensation to these third parties. However, the liability of the Operator and the Shipper under this Article shall be limited to: o per event, one sixth of the corresponding amount of the Shipper's payment obligations under Articles 30.1.1, 30.6 and 30.7 and for the Invoicing Period in question, not exceeding one million five hundred thousand euro (1 500 000 €); o per calendar year, two (2) times the above amount. As a result, the Shipper and the Operator shall waive the right to any recourse against one another in respect of such damage above these limits.