Damages and consequential Loss. (a) Subject to the other provisions of this clause 10 and clause 13.1:
(b) if any Default gives a party a right to damages, those damages will be limited to damages for direct loss and damage attributable to such Default;
(c) the rights of a party to damages for indirect and consequential loss or damage are excluded; and
(d) neither party will be liable to any other for any failure to realise anticipated savings, loss of revenue or profits, loss of opportunity or goodwill, loss of or inability to use equipment, loss of use, economic loss, special losses or damages suffered by a party to this agreement or any other person.
Damages and consequential Loss. If any Default by Gascor (other than a Default which was directly or indirectly caused by or arose as a result of a Seller's Default in which case Clause 13.6(a) of the Master Agreement applies) gives the Buyer a right to damages, such damages will be limited to damages for direct and foreseeable loss attributable to such Default and Gascor will not be liable to the Buyer for any loss of profit or anticipated profit, business interruption, indirect loss, consequential loss or loss of use suffered by the Buyer or any other person, except to the extent that Gascor has obtained compensation from the Sellers or insurance proceeds (both as contemplated by Clause 13.6 of the Master Agreement) and the Buyer is entitled to such compensation or insurance proceeds in accordance with Clause 13.6 of the Master Agreement.
Damages and consequential Loss. Except to the extent that this condition may be rendered void or unenforceable by any enactment any liability of RCP arising under these Conditions shall be limited to direct losses suffered by BUYER and in any event shall not:
(a) In respect of each consignment of the Products delivered hereunder, exceed the invoiced value of that consignment and
(b) Extend to any consequential losses however arising. For the purposes of these provisions a "consignment" shall mean a load or delivery from any one vehicle of BUYER whether or not separately invoiced.
Damages and consequential Loss. Subject to Clause 13.5, if any Default by the Buyer gives Gascor a right to damages, such damages will be limited to damages for direct and foreseeable loss attributable to such Default and the Buyer will not be liable to Gascor for any loss of profit or anticipated profit, business interruption, indirect loss, consequential loss or loss of use suffered by Gascor.
Damages and consequential Loss. Subject to Clauses 3.2(m)(3) and 14.4, if any Default by the Agent gives Gascor a right to damages, such damages will be limited to damages for direct and foreseeable loss attributable to such Default and the Agent will not be liable to Gascor for any loss of profit or anticipated profit, business interruption, indirect loss, consequential loss or loss of use suffered by Gascor. -------------------------------------------------------------------------------- 15. GASCOR'S DEFAULT --------------------------------------------------------------------------------
Damages and consequential Loss. (a) Subject to Clause 12.5, if any Buyer's Default gives Gascor a right to damages, such damages will be limited to damages for direct and foreseeable loss attributable to such Default and the Defaulting Party will not be liable to Gascor for any loss of profit or anticipated profit, business interruption, indirect loss, consequential loss or loss of use suffered by Gascor;
(b) If any Schedule 1 Default by a Retailer gives another Retailer a right to damages, such damages will be limited to damages for direct and foreseeable loss attributable to such Default and the Defaulting Party will not be liable to a Retailer for any loss of profit or anticipated profit, business interruption, indirect loss, consequential loss or loss of use suffered by that Retailer.
Damages and consequential Loss. If any Default by Gascor (other than a Default which was directly or indirectly caused by or arose as a result of a Seller's Default, in which case Clause 13.6(a) applies) gives a Party a right to damages, such damages will be limited to damages for direct and foreseeable loss attributable to such Default and Gascor will not be liable to any other Party for any loss of profit or anticipated profit, business interruption, indirect loss, consequential loss or loss of use suffered by a Party or any other person.
