Common use of EXCLUSION OF CONSEQUENTIAL LOSSES Clause in Contracts

EXCLUSION OF CONSEQUENTIAL LOSSES. 16.4.1 Subject to, and without prejudice to, any indemnities contained within this Contract and Clauses 16.1 and 16.2, neither Party will be liable for any indirect or consequential losses (including pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss and, for the avoidance of doubt, such losses will for the purposes of this Contract be regarded as indirect or consequential loss and not direct losses) howsoever caused arising under this Contract. 16.4.2 Notwithstanding the provisions of Clause 16.4.1, the Parties acknowledge that the following types of losses will be regarded as direct (and not consequential or indirect) losses for the purposes of this Contract: 16.4.2.1 the Authority’s reasonable costs of internal and external staff (including associated expenses reasonably incurred by such staff) necessitated as a result of the Contractor’s default (including the costs of such staff performing or re-performing the Services which the Contractor, if properly performing its obligations in accordance with this Contract, should have performed); 16.4.2.2 any costs incurred by the Authority in connection with the termination of this Contract by the Authority under Clauses 27.1 or 27.2, including those costs set out in Clauses 28.2 and 28.3; 16.4.2.3 the costs of reconstituting and/or recovering any Authority Data that is destroyed, corrupted, degraded and/or lost as a result of an act or omission of the Contractor and/or the Contractor Personnel (including the costs of employing a third party to reconstitute and/or recover such data); and 16.4.2.4 any loss or liability (including payment of service credits)) that the Authority suffers/ becomes liable for under any agreement with any Third Party as a result of any act or omission of the Contractor.

EXCLUSION OF CONSEQUENTIAL LOSSES. 16.4.1 21.4.1 Subject to, and without prejudice to, any indemnities Clauses 21.1 and 21.2 and liquidated damages provisions contained within this Contract and Clauses 16.1 and 16.2, (which shall not be limited in nature by this Clause or otherwise) neither Party will be liable for any indirect or consequential losses (including pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss loss) and, for the avoidance of doubt, such losses will for the purposes of this Contract be regarded as indirect or consequential loss and not direct losses) doubt howsoever caused arising under this Contract. 16.4.2 21.4.2 Notwithstanding the provisions of Clause 16.4.121.4.1, the Parties acknowledge and agree that the following types of losses will be regarded as direct (and not consequential or indirect) losses for the purposes of this Contract: 16.4.2.1 21.4.2.1 the Authority’s and the Service Recipients’ reasonable costs of internal and external staff (including associated expenses reasonably incurred by such staff) necessitated as a result of the Contractor’s or the Contractor Personnel’s default (including the costs of such staff performing or re-performing the Services which the Contractor, if properly performing its obligations in accordance with this Contract, should have performed); 16.4.2.2 21.4.2.2 any reasonable costs incurred by the Authority and/or the Service Recipients in connection with the termination of this Contract by the Authority under Clauses 27.1 32.1 or 27.232.2, including those costs set out in Clauses 28.2 33.2 and 28.333.3 and/or the termination by the Authority of the Contractor’s obligation to Provide the Works for reasons R1-R15 (inclusive), R18 or R22 (as defined in the Capital Works Conditions of Contract); 16.4.2.3 21.4.2.3 the costs of reconstituting and/or recovering any Authority Data (and/or data of the Service Recipients) that is destroyed, corrupted, degraded and/or lost as a result of an act or omission of the Contractor and/or the Contractor Personnel (including the costs of employing a third party to reconstitute and/or recover such data); and 16.4.2.4 21.4.2.4 any loss or liability (including payment of service credits)credits or liquidated damages) that the Authority and/or another Service Recipient suffers/ becomes liable for under any agreement with any Third Party as a result of any act or omission of the ContractorContractor and/or of the Contractor Personnel.