Exceptions; Waiver of Defences. (a) Notwithstanding the provisions of Clauses 9.4.1 through 9.4.4 above, the Company shall not be liable to JPS for liquidated damages if the Company has previously declared a JPS Event of Default, in accordance with Clause 14.2 of this Agreement, that caused the Company to incur such liquidated damages; provided that the Company shall promptly pay to JPS all such liquidated damages if it is subsequently determined under Clause 15 that there was no JPS Event of Default.
Exceptions; Waiver of Defences. (a) Notwithstanding the provisions of Clauses 9.4.1 through 9.4.4 above, the Company shall not be liable to GPL for liquidated damages if the Company has previously declared a GPL Event of Default, in accordance with Clause 14.2 of this Agreement, that caused the Company to incur such liquidated damages; provided that the Company shall promptly pay to GPL all such liquidated damages if it is subsequently determined under Clause 15 that there was no GPL Event of Default.