Common use of Disapplication of limitation Clause in Contracts

Disapplication of limitation. To the extent that any Relevant Losses: (a) result from a conscious and intentional breach by a party; or (b) are in respect of obligations to compensate any person for liability for death or personal injury, whether resulting from the negligence of a party or the negligence of any of its officers, employees or agents or from a failure by a party to comply with its Safety Obligations, such Relevant Losses: (i) shall not be subject to the limitation of liability in Schedule 9; and (ii) shall not be taken into account when calculating the amount of Relevant Losses in respect of claims admitted or finally determined in a Contract Year for the purposes of the limitations of liability in this Schedule 9.

Disapplication of limitation. To the extent that any Relevant Losses: (ai) result from a conscious and intentional breach by a party; or (bj) are in respect of obligations to compensate any person for liability for death or personal injury, whether resulting from the negligence of a party or the negligence of any of its officers, employees or agents or from a failure by a party to comply with its Safety Obligations, such Relevant Losses: (i) shall not be subject to the limitation of liability in Schedule 9; and (ii) shall not be taken into account when calculating the amount of Relevant Losses in respect of claims admitted or finally determined in a Contract Year for the purposes of the limitations of liability in this Schedule 9.

Disapplication of limitation. To the extent that any Relevant Losses: (a) result from a conscious and intentional breach by a party; or (b) are in respect of obligations to compensate any person for liability for death or personal injury, whether resulting from the negligence of a party or the negligence of any of its officers, employees or agents or from a failure by a party to comply with its Safety Obligations, such Relevant Losses: (i) shall not be subject to the limitation of liability in Schedule 9this Section 5; and (ii) shall not be taken into account when calculating the amount of Relevant Losses in respect of claims admitted or finally determined in a Contract Relevant Year for the purposes of the limitations of liability in this Schedule 9Section 5.