Common use of Exclusion From Transpower’s Liability Clause in Contracts

Exclusion From Transpower’s Liability. Transpower and its Associates will only be liable (in contract, tort (including negligence), equity or otherwise) to the Customer for any loss, injury, damage (in each case whether direct, indirect or consequential) or expense (together “Loss”), if such Loss is caused by an act or omission of Transpower or its Associates which constitutes a failure by Transpower to comply with a provision of this Agreement. Transpower and its Associates will not be liable to the extent the act or omission was caused or contributed to by any default of the Customer or its Associates of its obligations under this Agreement.

Exclusion From Transpower’s Liability. Transpower and its Associates will only be liable (in contract, tort (including negligence)tort, equity or otherwise) to the Customer for any loss, injury, damage (in each case whether direct, indirect or consequential) or expense (together “"Loss”"), if such Loss is caused by an act or omission of Transpower or its Associates which constitutes a failure by Transpower to comply with a provision of this Agreement. Transpower and its Associates will not be liable to the extent the act or omission was caused or contributed to by any default of the Customer or its Associates of its obligations under this Agreement.