Common use of Exclusion of Indirect Damage Clause in Contracts

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.

Appears in 6 contracts

Samples: Electricity Transfer Access Contract, Electricity Transfer Access Contract, Electricity Transfer Access Contract

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Exclusion of Indirect Damage. (a) Subject to clause 19.3(b18.3(b): (i) either or both of the User* User or the Indemnifier* Indemnifier is not in any circumstances liable to Western Power* Power for any Indirect Damage* Damage suffered by Western Power*, however arising; and (ii) Western Power* Power is not in any circumstances liable to either or both of the User* User or the Indemnifier* Indemnifier for any Indirect Damage* Damage suffered by the User*, however arising. (b) Where this Contract* Contract states that “the exclusion of Indirect Damage* Damage in clause 19.3 18.3 does not apply“, or words to a similar effect, in relation to a matter, then: (i) the exclusion of Indirect Damage* Damage in clause 19.3 18.3 does not apply in relation to that matter; and (ii) the Parties*’ liability in relation to the matter is to be determined by Law*Xxx, and to avoid doubt the definition of Indirect Damage* Damage in this Contract* Contract is to be disregarded for the purposes of that determination.

Appears in 2 contracts

Samples: Electricity Transfer Access Contract, Electricity Transfer Access Contract

Exclusion of Indirect Damage. (a) Subject to clause 19.3(b19.3(b)19.3(b)19.3(b)18.3(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 19.319.319.318.3 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 19.319.319.318.3 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.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Exclusion of Indirect Damage. (a) Subject to clause 19.3(b): (i) either or both of the User* User or the Indemnifier* Indemnifier is not in any circumstances liable to Western Power* Power for any Indirect Damage* Damage suffered by Western Power*, however arising; and (ii) Western Power* Power is not in any circumstances liable to either or both of the User* User or the Indemnifier* Indemnifier for any Indirect Damage* Damage suffered by the User*, however arising. (b) Where this Contract* Contract states that “the exclusion of Indirect Damage* 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* 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*Xxx, and to avoid doubt the definition of Indirect Damage* Damage in this Contract* Contract is to be disregarded for the purposes of that determination.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

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Exclusion of Indirect Damage. (a) Subject to clause 19.3(b): (i) either or both of the User* User or the Indemnifier* Indemnifier is not in any circumstances liable to Western Power* Power for any Indirect Damage* Damage suffered by Western Power*, however arising; and (ii) Western Power* Power is not in any circumstances liable to either or both of the User* User or the Indemnifier* Indemnifier for any Indirect Damage* Damage suffered by the User*, however arising. (b) Where this Contract* Contract states that “the exclusion of Indirect Damage* 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* 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* Damage in this Contract* Contract is to be disregarded for the purposes of that determination.

Appears in 1 contract

Samples: Electricity Transfer Access Contract

Exclusion of Indirect Damage. (a) Subject to clause 19.3(b): (i) either or both of 7.3(c), the User* or the Indemnifier* User is not in any circumstances liable to Western Power* Power for any Indirect Damage* 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) Subject to clause 7.3(c), Western Power is not in any circumstances liable to the User for any Indirect Damage suffered by the User, however arising. (c) Where this Contract* Agreement states that “the exclusion of Indirect Damage* Damage in clause 19.3 7.3 does not apply“, or words to a similar effect, in relation to a matter, matter then: (i) the exclusion of Indirect Damage* Damage in clause 19.3 7.3 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* indirect Damage in this Contract* Agreement is to be disregarded for the purposes of that determination.

Appears in 1 contract

Samples: Service Level Agreement

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