Consequential Loss or Damage. Notwithstanding any other provision of this Agreement to the contrary, no Party shall be liable to the other Party for or in respect of: (a) any consequential loss or damage, including loss of profits or business interruption; or (b) any special, incidental or punitive damages suffered or incurred by the other Party or any Person resulting from breach of or failure to perform this Agreement or the breach of any representation or warranty hereunder, whether express or implied, and whether such damages are claimed under breach of warranty, breach of contract, tort, or other theory or cause of action at law or in equity, except to the extent such damages have been awarded to a third party and are subject to allocation between or among the parties to the Dispute. For purposes of this Agreement, any amounts payable by Customer to its Gas purchasers or Gas suppliers for replacement Gas or other similar Liabilities shall be deemed to be a consequential loss or damage.
Appears in 4 contracts
Samples: LNG Terminal Use Agreement (Sabine Pass LNG, L.P.), LNG Terminal Use Agreement (Cheniere Energy Inc), Shareholders Agreement (Cheniere Energy Inc)
