Common use of Damages Limitation Clause in Contracts

Damages Limitation. Section 18.3.3.1 Except for amounts agreed to be paid under Article XVI by one Party to the other under this Agreement, no Party shall be liable to the other Party, directly or indirectly, for any damages or losses of any kind sustained due to any failure to perform this Agreement, unless such failure to perform was malicious or reckless. Section 18.3.3.2 Except for amounts agreed to be paid by one Party to the other under this Agreement, any liability of a Party to the other Party hereunder shall be limited to direct damages as qualified by the following sentence. No lost profits, damages to compensate for lost goodwill, consequential damages, or punitive damages shall be sought or awarded.

Damages Limitation. Section 18.3.3.1 13.3.3.1 Except for amounts agreed to be paid under Article XVI XI and by one Party to the other for generation redispatch under this Agreement, no Party shall be liable to the other Party, directly or indirectly, for any damages or losses of any kind sustained due to any failure to perform this Agreement, unless such failure to perform was malicious or reckless. Section 18.3.3.2 13.3.3.2 Except for amounts agreed to be paid by one Party to the other under this Agreement, any liability of a Party to the other Party hereunder shall be limited to direct damages as qualified by the following sentence. No lost profits, damages to compensate for lost goodwill, consequential damages, or punitive damages shall be sought or awarded.