Common use of Exclusion from Customer’s Liability Clause in Contracts

Exclusion from Customer’s Liability. The Customer and its Associates will only be liable (in contract, tort (including negligence), equity or otherwise) to Transpower for any Loss, if such Loss is caused by an act or omission of the Customer or its Associates which constitutes a failure by the Customer to comply with a provision of this Agreement. The Customer and its Associates will not be liable to the extent the act or omission was caused or contributed to by any default of Transpower or its Associates of its obligations under this Agreement.

Exclusion from Customer’s Liability. The Customer and its Associates will only be liable (in contract, tort (including negligence)tort, equity or otherwise) to Transpower for any Loss, if such Loss is caused by an act or omission of the Customer or its Associates which constitutes a failure by the Customer to comply with a provision of this Agreement. The Customer and its Associates will not be liable to the extent the act or omission was caused or contributed to by any default of Transpower or its Associates of its obligations under this Agreement.