Common use of Disclaimer of Warranty; Limitation of Liability Clause in Contracts

Disclaimer of Warranty; Limitation of Liability. 31. In completing the System Impact Studies, Transmission Provider, Transmission Owner(s), and any other subcontractors employed by Transmission Provider must rely on information provided by Applicant and possibly by third parties, and may not have control over the accuracy of such information. Accordingly, NEITHER TRANSMISSION PROVIDER, TRANSMISSION OWNER(S), NOR ANY OTHER SUBCONTRACTORS EMPLOYED BY TRANSMISSION PROVIDER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE ACCURACY, CONTENT, OR CONCLUSIONS OF THE SYSTEM IMPACT STUDIES. Applicant acknowledges that it has not relied on any representations or warranties not specifically set forth herein, and that no such representations or warranties have formed the basis of its bargain hereunder. Neither this Agreement nor the System Impact Studies prepared hereunder is intended, nor shall either be interpreted, to constitute agreement by Transmission Provider or Transmission Owner(s) to provide Interconnection Service or transmission service to or on behalf of Applicant either at this time or in the future.

Disclaimer of Warranty; Limitation of Liability. 3111. In completing analyzing and preparing the System Impact StudiesStudy, the Transmission Provider, the Transmission Owner(s), and any other subcontractors employed by the Transmission Provider must shall have to rely on information provided by Applicant the New Service Customer and possibly by third parties, parties and may not have control over the accuracy of such information. Accordingly, NEITHER THE TRANSMISSION PROVIDER, THE TRANSMISSION OWNER(S), NOR ANY OTHER SUBCONTRACTORS EMPLOYED BY THE TRANSMISSION PROVIDER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE WITH REGARD TO THE ACCURACY, CONTENT, OR CONCLUSIONS OF THE SYSTEM IMPACT STUDIESSTUDY. Applicant The New Service Customer acknowledges that it has not relied on any representations or warranties not specifically set forth herein, herein and that no such representations or warranties have formed the basis of its bargain hereunder. Neither this System Impact Study Agreement nor the System Impact Studies Study prepared hereunder is intended, nor shall either be interpreted, to constitute agreement by the Transmission Provider or the Transmission Owner(s) to provide Interconnection Service any transmission or transmission interconnection service to or on behalf of Applicant the New Service Customer either at this point in time or in the future.

Disclaimer of Warranty; Limitation of Liability. 3110. In completing analyzing and preparing the System Impact StudiesSurplus Interconnection Study, the Transmission Provider, the Transmission Owner(s), and any other subcontractors employed by the Transmission Provider must shall have to rely on information provided by Applicant the Surplus Interconnection CustomerProject Developer and possibly by third parties, including the owner of the existing Generating Facility, and may not have control over the accuracy of such information. Accordingly, NEITHER THE TRANSMISSION PROVIDER, THE TRANSMISSION OWNER(S), NOR ANY OTHER SUBCONTRACTORS EMPLOYED BY THE TRANSMISSION PROVIDER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE WITH REGARD TO THE ACCURACY, CONTENT, OR CONCLUSIONS OF THE SYSTEM IMPACT STUDIESSURPLUS INTERCONNECTION STUDY. Applicant The Surplus Interconnection CustomerProject Developer acknowledges that it has not relied on any representations or warranties not specifically set forth herein, herein and that no such representations or warranties have formed the basis of its bargain hereunder. Neither this Agreement nor the System Impact Studies Surplus Interconnection Study prepared hereunder is intended, nor shall either be interpreted, to constitute agreement by the Transmission Provider or the Transmission Owner(s) to provide Interconnection Service any transmission or transmission interconnection service to or on behalf of Applicant the Surplus Interconnection CustomerProject Developer either at this point in time or in the future.

Disclaimer of Warranty; Limitation of Liability. 3111. In completing modeling, studying or analyzing Project Developer’s Request, the System Impact Studies, Transmission Provider, the Interconnected Transmission Owner(s), and any other subcontractors employed by the Transmission Provider must shall have to rely on information provided by Applicant the Project Developer and possibly by third parties, third-parties and may not have control over the accuracy of such information. Accordingly, NEITHER THE TRANSMISSION PROVIDER, THE TRANSMISSION OWNER(S), NOR ANY OTHER SUBCONTRACTORS SUBCONTRACTOR EMPLOYED BY THE TRANSMISSION PROVIDER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PURPOSE WITH REGARD TO THE ACCURACY, CONTENT, OR CONCLUSIONS CONCLUSIONS, OF THE SYSTEM IMPACT STUDIESMODELING, STUDIES OR ANALYSIS. Applicant The Project Developer acknowledges that it has not relied on any representations or warranties not specifically set forth herein, herein and that no such representations or warranties have formed the basis of its bargain hereunder. Neither this Agreement Agreement, nor the System Impact Studies any modeling, studies or analysis prepared hereunder is intended, nor shall either be interpreted, to constitute agreement by the Transmission Provider or the Transmission Owner(s) to provide Interconnection Service or transmission any interconnection service to or on behalf of Applicant either the Project Developer at this point in time or in the future.

Disclaimer of Warranty; Limitation of Liability. 3117. In completing analyzing and preparing the System Impact Necessary Studies, Transmission Provider, Transmission Owner(s), and any other subcontractors employed by Transmission Provider must shall have to rely on information provided by Applicant Customer Project Developer and possibly by third parties, parties and may not have control over the accuracy of such information. Accordingly, NEITHER TRANSMISSION PROVIDER, TRANSMISSION OWNER(S), NOR ANY OTHER SUBCONTRACTORS EMPLOYED BY TRANSMISSION PROVIDER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE ACCURACY, CONTENT, OR CONCLUSIONS OF THE SYSTEM IMPACT NECESSARY STUDIES. Applicant Customer Project Developer acknowledges that it has not relied on any representations or warranties not specifically set forth herein, herein and that no such representations or warranties have formed the basis of its bargain hereunder. Neither this Agreement nor the System Impact Necessary Studies prepared performed hereunder is are intended, nor shall either be interpreted, to constitute agreement by Transmission Provider or Transmission Owner(s) to provide Interconnection Service any transmission or transmission interconnection service to or on behalf of Applicant Customer Project Developer either at this point in time or in the future.

Disclaimer of Warranty; Limitation of Liability. 3121. In completing the System Impact StudiesStudy and Facilities Study, Transmission Provider, Transmission Owner(s), and any other subcontractors employed by Transmission Provider must rely on information provided by Applicant and possibly by third parties, and may not have control over the accuracy of such information. Accordingly, NEITHER TRANSMISSION PROVIDER, TRANSMISSION OWNER(S), NOR ANY OTHER SUBCONTRACTORS EMPLOYED BY TRANSMISSION PROVIDER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE ACCURACY, CONTENT, OR CONCLUSIONS OF THE SYSTEM IMPACT STUDIESSTUDY AND FACILITIES STUDY. Applicant acknowledges that it has not relied on any representations or warranties not specifically set forth herein, and that no such representations or warranties have formed the basis of its bargain hereunder. Neither this Agreement nor the System Impact Studies prepared Study and Facilities Study conducted hereunder is intended, nor shall either be interpreted, to constitute agreement by Transmission Provider or Transmission Owner(s) to provide Interconnection Service or transmission service to or on behalf of Applicant either at this time or in the future.