Exclusion of Indirect Damage. (a) Subject to clause 19.3(b):
(i) either or both of the User* or the Indemnifier* is not in any circumstances liable to Western Power* for any Indirect Damage* suffered by Western Power*, however arising; and
(ii) Western Power* is not in any circumstances liable to either or both of the User* or the Indemnifier* for any Indirect Damage* suffered by the User*, however arising.
(b) Where this Contract* states that “the exclusion of Indirect Damage* in clause 19.3 does not apply“, or words to a similar effect, in relation to a matter, then:
(i) the exclusion of Indirect Damage* in clause 19.3 does not apply in relation to that matter; and
(ii) the Parties*’ liability in relation to the matter is to be determined by Law*, and to avoid doubt the definition of Indirect Damage* in this Contract* is to be disregarded for the purposes of that determination.
Exclusion of Indirect Damage. (a) The User is not in any circumstances liable to Western Power for any Indirect Damage suffered by Western Power, however arising.
(b) Western Power is not in any circumstances liable to the User for any Indirect Damage suffered by the User, however arising.
Exclusion of Indirect Damage. Neither party will in any circumstances be liable to the other party for Indirect Damage however caused including, without limitation, through breach of contract, in tort (including negligence), in equity, or for breach of statute.
Exclusion of Indirect Damage. (a) The User is not in any circumstances liable to Horizon Power for any Indirect Damage suffered by Horizon Power, however arising.
(b) Horizon Power is not in any circumstances liable to the User for any Indirect Damage suffered by the User, however arising.
Exclusion of Indirect Damage. (a) Subject to clause 19.3(b):
(i) either or both of the User or the Indemnifier is not in any circumstances liable to Western Power for any Indirect Damage suffered by Western Power, however arising; and
(ii) Western Power is not in any circumstances liable to either or both of the User or the Indemnifier for any Indirect Damage suffered by the User, however arising.
(b) Where this Contract states that “the exclusion of Indirect Damage in clause 19.3 does not apply”, or words to a similar effect, in relation to a matter, then:
(i) the exclusion of Indirect Damage in clause 19.3 does not apply in relation to that matter; and
(ii) the Parties’ liability in relation to the matter is to be determined by Xxx, and to avoid doubt the definition of Indirect Damage in this Contract is to be disregarded for the purposes of that determination.
Exclusion of Indirect Damage. 7.1 The User is not in any circumstances liable to PRE for any Indirect Damage suffered by PRE, however arising.
7.2 PRE is not in any circumstances liable to the User for any Indirect Damage suffered by the User, however arising.
7.3 The maximum liability of one Party to the other Party under and in connection with this Agreement is limited in accordance with the Access Contract.
7.4 To the maximum extent permitted by Law, the only warranties given by and terms which apply to a Party under this Agreement are those expressly contained in this Agreement, and all warranties and terms implied by Law, implied by the Competition and Consumer Xxx 0000 (Cth) or the Fair Trading Xxx 0000 (WA) or any other Law to similar effect do not apply to this Agreement.
7.5 If at Law the exclusion of any warranty or term is prohibited, then a Party’s liability in respect of a breach of such warranty or term is limited to the maximum extent permitted by Law. For example, where any Law permits a Party to limit its liability in respect of a breach of an implied warranty or condition to the replacement or resupply of equivalent goods and services, then the Party’s liability will be so limited.
Exclusion of Indirect Damage. 10 7.2 Limitation of liability 10 7.3 Personal Injury 10 7.4 Fraud 10
Exclusion of Indirect Damage. The User is not in any circumstances liable to Horizon Power for any Indirect Damage suffered by Horizon Power, however arising. Horizon Power is not in any circumstances liable to the User for any Indirect Damage suffered by the User, however arising. Limitation of liability The maximum liability of one Party to the other Party under and in connection with this Agreement is limited to the amount equal to: the aggregate monetary limit on that Party’s liability under the User’s Access Contract applicable to all breaches of, or acts or omissions in connection with, the User’s Access Contract (“Access Contract Cap”); less the aggregate actual liability incurred by that Party to the other Party under the User’s Access Contract, to the extent that each Party’s aggregate liability under this Agreement and the User’s Access Contract will not exceed the Access Contract Cap applicable to it. If a Party receives an amount of damages under this Agreement which, when aggregated with any amounts it has received under the User’s Access Contract, results in the Access Contract Cap being exceeded it must refund the excess amount received over the Access Contract Cap to the other Party. Payments of charges for Metering Services, GST and interest are not taken into account in determining whether the Access Contract Cap has been exceeded.
Exclusion of Indirect Damage. (a) Subject to clause 24.1(b) and any other clause or schedule of or to this Agreement (including clause 20 and Schedule 10) which permits the recovery of a class of Indirect Damage, no Party will in any circumstances be liable to the other Party for Indirect Damage, however arising.
(b) Except as specified in clauses 24.2 or 25, the Customer must indemnify Western Power and Western Power's Personnel:
(i) against all Claims for Indirect Damage or Direct Damage suffered or incurred by any Customer Person howsoever arising under, out of or in connection with:
(A) this Agreement; or
(B) any act, omission, matter or thing done or omitted to be done by any person under or because of or in connection with this Agreement; or
(C) Western Power’s presence at the Site, and
(ii) without limiting the generality of sub-paragraph (b)(j) above, against all liability (including liability in respect of Indirect Damage and Direct Damage) which Western Power or Western Power's Personnel may incur to any third party by reason of:
(A) negligence of the Customer; or
(B) default of the Customer under this Agreement; or
(C) Customer’s breach of any duty owed by the Customer (whether at common law, equity, under statute or otherwise).
(c) For the purpose of a Claim referred to in paragraph 24.1(b), Customer Person means a person:
(i) to or with whom the Customer has:
(A) an association, including through ownership, whether direct or indirect, or contract; or
(B) a relationship; or
(C) a duty, including a duty of care (arising in tort or otherwise) or arising out of an obligation of trust; or
(D) any direct or indirect obligation, and
(ii) whose Claim depends at least in part on or would not have arisen but for:
(A) that association, relationship, duty or obligation; or
(B) anything done or omitted in connection with that association, relationship, duty or obligation.
Exclusion of Indirect Damage. To the extent permitted by Law, but subject to clause 22.3(b), each Party will have no liability to the other Party for any Claims for Indirect Damage (however arising, including negligence), arising under or in connection with this Contract. A Party’s liability for Indirect Damage in respect of the following is not excluded by clause 22.3(a):
(1) in respect of the User:
(A) payment of the Charges (or any other liability described in clauses 9 or 10) to Horizon Power Pilbara Network in consideration for provision of the Services;
(B) the failure to ensure that, where applicable, its contract with a Controller contains the covenant referred to in clause 8.1(c)(4);
(C) liability under an indemnity in clauses 11.1(d) or 15.2(d); or
(D) liability, to the extent that the User recovers insurance proceeds in respect of the liability from any of the insurances required to be maintained under clause 23, or would have recovered insurance proceeds if it had complied with this Contract and taken all reasonable steps to do so;
(2) in respect of Horizon Power Pilbara Network:
(A) liability under clause 4.6(g); or
(B) any liability described in clauses 9 or 10; or
