Common use of Contractor Aggregate Liability Clause in Contracts

Contractor Aggregate Liability. Notwithstanding any other provisions of this Agreement to the contrary, Contractor Group shall not be liable to Owner Group under this Agreement or under any cause of action related to the subject matter of this Agreement, whether in contract, warranty, tort (including negligence), strict liability, products liability, professional liability, indemnity, contribution or any other cause of action, in excess of a cumulative aggregate amount equal to the Aggregate Cap, and Owner shall release Contractor Group from any liability in excess thereof; provided that, notwithstanding the foregoing, the limitation of liability set forth in this Section 20.1 shall not (i) apply to (A) Contractor’s indemnification obligations under Sections 17.1B, 17.1E, 17.1F, 17.1G, 17.2 and 17.5 or (B) Contractor’s obligations under 8.1A.1; or (ii) include the proceeds paid under any insurance policy that Contractor or its Subcontractors is required to obtain pursuant to this Agreement or Subcontract, as the case may be (collectively, provisions (i) and (ii) being the “Carve-Outs”). In no event shall the limitation of liability set forth in this Section 20.1 be in any way deemed to limit Contractor’s obligation to perform all Work required to achieve Ready for Performance Testing. A. The “Aggregate Cap” means *** U.S. Dollars (U.S.$***). B. However, immediately after the later of Substantial Completion and payment of any Delay Liquidated Damages due and owing under this Agreement (“Reduction Date”), the Aggregate Cap shall reduce to an amount calculated as follows: AggregateCap = U.S.$*** - Reduction + Outstanding ClaimsAmount + Performance LD Exposure where:

Contractor Aggregate Liability. Notwithstanding any other provisions of this Agreement to the contrary, Contractor Group shall not be liable to Owner Group under this Agreement or under any cause of action related to the subject matter of this Agreement, whether in contract, warranty, tort (including negligence), strict liability, products liability, professional liability, indemnity, contribution or any other cause of action, in excess of a cumulative aggregate amount equal to the Aggregate Cap, and Owner shall release Contractor Group from any liability in excess thereof; provided that, notwithstanding the foregoing, the limitation of liability set forth in this Section 20.1 shall not (i) apply to (A) Contractor’s indemnification obligations under Sections 17.1B, 17.1E, 17.1F, 17.1G, 17.2 and 17.5 or (B) Contractor’s obligations under 8.1A.1; or (ii) include the proceeds paid under any insurance policy that Contractor or its Subcontractors is required to obtain pursuant to this Agreement or Subcontract, as the case may be (collectively, provisions (i) and (ii) being the “Carve-Outs”). In no event shall the limitation of liability set forth in this Section 20.1 be in any way deemed to limit Contractor’s obligation to perform all Work required to achieve Ready for Performance Testing. A. The “Aggregate Cap” means *** U.S. Dollars (U.S.$***). B. However, immediately after the later of Substantial Completion and payment of any Delay Liquidated Damages due and owing under this Agreement (“Reduction Date”), the Aggregate Cap shall reduce to an amount calculated as follows: AggregateCap = U.S.$*** - Reduction + Outstanding ClaimsAmount + Performance LD Exposure where:

Contractor Aggregate Liability. Notwithstanding any other provisions anything to the contrary contained in this Agreement and to the fullest extent permitted by the governing law of this Agreement to the contraryAgreement, Contractor Group shall not be liable to Owner Group under this Agreement for any loss, damage (including damage to Owner’s or under others property), injury, claim, fees, or expense (including legal costs and attorneys’ fees) resulting from Contractor’s Work or Contractor’s negligence (including active, passive, sole, joint or concurrent negligence) or any cause other theory or legal liability (including breach of action related to the subject matter of this Agreement, whether in contract, breach of warranty, tort (including negligence)tort, strict liability, products liabilityunseaworthiness of any vessel, professional liability, indemnity, contribution or any other cause unairworthiest of action, an aircraft) arising under this Agreement for cumulative aggregate amounts in excess of a cumulative aggregate amount equal to […***…] ([…***…]%) of the Aggregate Cap, and Owner shall release Contractor Group from any liability in excess thereofGuaranteed Maximum Price (as may be adjusted by Change Order); provided that, notwithstanding the foregoing, the limitation of liability set forth in this Section 20.1 shall not (i) apply to (A) Contractor’s personal injury or third party indemnification obligations under Sections 17.1B, 17.1E, 17.1F, 17.1G, 17.2 and 17.5 or this Agreement; (Bii) apply to Contractor’s obligations obligation to deliver to Owner full legal title to and ownership of all or any portion of the Work and Project as required under 8.1A.1this Agreement; or (iiiii) include apply in the proceeds paid under any insurance policy that Contractor event of Contractor’s fraud, willful misconduct, abandonment of the Work or its Subcontractors is required to obtain pursuant to this Agreement or Subcontract, as the case may be (collectively, provisions (i) and (ii) being the “Carve-Outs”)gross negligence. In no event shall the limitation of liability set forth in this Section 20.1 be in any way deemed to limit Contractor’s obligation to perform all Work required to achieve Ready for Performance Testing. A. The “Aggregate Cap” means *** U.S. Dollars (U.S.$***). B. However, immediately after the later of Substantial Completion or Final Completion and payment the costs incurred by Contractor in performing the Work shall not be counted against the limitation of any liability set forth in this Section 20.1. For avoidance of doubt, amounts paid to Owner by Contractor for Delay Liquidated Damages due and owing under shall be counted against the limitation of liability set forth in this Agreement (Section 20.1. For purposes of this Section 20.1, “Reduction Date”), the Aggregate Cap shall reduce to an amount calculated as follows: AggregateCap = U.S.$*** - Reduction + Outstanding ClaimsAmount + Performance LD Exposure where:third party” means any Person other than Owner or its Affiliates.