Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.
Appears in 8 contracts
Samples: Long Term Reliability Services, Long Term Reliability Services, Medium Term Capacity Contract
Exclusion of Consequential Damages. Notwithstanding anything any other provision contained herein in this Agreement, no Party, nor its Affiliates, nor its or their respective Representatives, successors or assigns, shall be liable to the contraryother Party or their Affiliates and their Representatives, neither Party will be liable under this Agreement successors or under any cause of action relating to the subject matter of this Agreement assigns, for any incidental, punitive, special, indirect, incidental, punitive, exemplary multiple or consequential damagesdamages connected with or resulting from performance or non-performance of this Agreement; provided, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for that any such damages paid with respect to a third-party claim shall be considered direct damages.
Appears in 6 contracts
Samples: Transition Services Agreement (Baker Hughes a GE Co), Transition Services Agreement (BAKER HUGHES a GE Co LLC), Intercompany Services Agreement (BAKER HUGHES a GE Co LLC)
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Section 9.5 and Section 12.2), loss of use of any property or claims of customers or contractors of the Parties for any such damages.
Appears in 3 contracts
Samples: Clean Energy Supply Contract, Demand Response Contract, Ontario Power Authority
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Sections 5.1(c), 6.11 and 12.1(d) and Article 7), loss of use of any property or claims of customers or contractors of the Parties for any such damages.
Appears in 3 contracts
Samples: Renewable Electricity Support Agreement, Renewable Electricity Support Agreement, Electricity Support Agreement
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contraryherein, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any indirect damages, including special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers customers, suppliers or contractors of the Parties for any such damages.
Appears in 2 contracts
Samples: Pilot Contract, www.ieso.ca
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Section 13.2), loss of use of any property or claims of customers or contractors of the Parties for any such damages.
Appears in 2 contracts
Samples: Agreement, www.ieso.ca
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will Neither party shall be liable under for any Consequential Loss whether arising out of or related to this Agreement or under any cause in tort (including negligence or breach of action relating to statutory duty), misrepresentation or however arising, even if the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors party was advised of the Parties for any possibility of such damages.
Appears in 2 contracts
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.
Appears in 2 contracts
Samples: www.ieso.ca, www.ieso.ca
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims Claims of customers or contractors of the Parties for any such damages.
Appears in 2 contracts
Samples: Demand Response, Dr3 Contract
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Sections 5.1(c), 6.11 and 12.1(d) and Article 7), loss of use of any property or claims of customers or contractors of the Parties for any such damages.
Appears in 2 contracts
Samples: Renewable Electricity Support Agreement, Renewable Electricity Support Agreement
Exclusion of Consequential Damages. Draft Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.damages.
Appears in 2 contracts
Samples: Long Term Reliability Services, www.ieso.ca
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.. Draft
Appears in 1 contract
Samples: www.ieso.ca
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contraryherein, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any indirect damages, including special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers customers, suppliers or contractors of the Parties for any such damages.. 1o.t2hingLiiqnutihdiasteAdrtDicalme a1g1esshall reduce a Party’s claim for liquidated damages pursuant to
Appears in 1 contract
Samples: Pilot Contract
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Article 12), loss of use of any property or claims of customers or contractors of the Parties for any such damages.
Appears in 1 contract
Samples: Lennox Energy Supply Agreement
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Section 12.2), loss of use of any property or claims of customers or contractors of the Parties for any such damages.
Appears in 1 contract
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, profits (save and except as provided in Section 9.5 and Section 12.2) loss of use of any property or claims of customers or contractors of the Parties for any such damages.
Appears in 1 contract
Samples: Management Contract
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.damages.
Appears in 1 contract
Samples: www.ieso.ca
Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Section 13.2), loss of use of any property or claims of customers or contractors of the Parties for any such damages.
Appears in 1 contract
Samples: Storage Facility Agreement